Eminent Domain

Top 10 things to Do First when the Government is Taking Your Land

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 settle for the government's first offer.
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 the advice of a professional real estate appraiser.
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.
Do not provide the government with a copy of any private appraisals performed on your land.
Do not attempt to obtain: Building permits, variances, zone changes, subdivision approvals, curb cuts or other improvements that would require governmental approval without first consulting your lawyer.

09 Mar 10

I 69 Update: Mineral Rights

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 larg... (Read More)
26 Feb 10

Relocation Questions Answered

Question: Can I be removed from my house through eminent domain or condemnation. Answer: Yes, but the State must follow certain rules. The Uniform Relocation Act provides that landowners cannot be required to move permanently until: (1) at least one comparable replacement dwelling has been made available and the landowner has been informed of its location; (2) sufficient time has been provided to negotiate and enter into a purchase agreement o... (Read More)