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Sever Storey Law Firm » set backs http://www.severstorey.com/blog Fri, 09 Jul 2010 22:09:43 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 Court Makes Ruling on Zoning, Set Backs and Condemnation http://www.severstorey.com/blog/court-makes-ruling-on-zoning-set-backs-and-condemnation/ http://www.severstorey.com/blog/court-makes-ruling-on-zoning-set-backs-and-condemnation/#comments Mon, 01 Feb 2010 22:02:11 +0000 Phil Sever http://www.severstorey.com/blog/?p=189 About three weeks ago we made arguments in the Hancock Circuit Court that where a INDOT taking forces a landowner out of compliance with local zoning ordinances the landowner must be compensated.

The factual basis for our argument involved set backs. In almost every city and county in Indiana (and throughout the country) local zoning laws require that structures be “set back” from the road way. In the instant case, the State of Indiana is expanding the roadway. Due to this expansion our client’s home would no longer be “set back” far enough from the new road to comply with local zoning.

After arguments and briefs here is what the Court said:

“..The Court acknowledges that the partial taking results in placing the homeowner’s property in violation of Hancock County Zoning. This results in damage to the remainder and will be treated as a question of fact for the jury.”

As we have stated before, this a powerful argument for compensation that all landowners and their attorneys should utilize.

If you have any questions about set backs, zoning, condemnation or eminent domain please give us a call at 888-318-3761 or visit us on the web at www.severstorey.com.

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