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Category Archives: Indiana Eminent Domain

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Owners Counsel of America Honors an Outstanding Lawyer

Posted in Indiana Eminent Domain
  http://www.sfgate.com/business/prweb/article/Owners-Counsel-of-America-Honors-PLF-Attorney-4241725.php   A graduate of the University of Arizona College of Law, Mr. Burling joined the Pacific Legal Foundation as an attorney in 1983. Over the last 3 decades, he has litigated cases involving regulatory takings, environmental and land use regulations, eminent domain, and Indian law. In 2001, Mr. Burling successfully argued a landmark … Continue Reading

Indiana Water Utility Fight Continues

Posted in Indiana Eminent Domain
The issue of whether a party may demand a jury trial is established in almost every jurisdiction. However, a northern Indiana water authority has taken a position that the factual determination of value can be established only by a judge. The notion is that the just compensation appeal is simply from a Board of Public … Continue Reading

The Inherent Problem of Government Officials’ Property Being Acquired By The Government

Posted in Indiana Eminent Domain
A former mayoral candidate challenged the City of South Bend’s acquisition activity. Rather than having South Bend obtain his property through eminent domain, the candidate sold it to the private redevelopment agency for three times the appraisal price. The amount the city wound up paying for this transaction raises issues of its own. To say … Continue Reading

School Land for Airport

Posted in Indiana Eminent Domain
Post Trib School officials were waiting for their attorneys to review the decision. "(The resolution) is an option they have threatened to exercise in the past," said School Board President Nellie Moore. "If that’s what they choose to do instead of a more amicable resolution, then I have no problem with that." School district attorney … Continue Reading

Airport Wants School Property

Posted in Indiana Eminent Domain
 Gary Post Tribune But the School Board — facing a fiscal deficit — wants $3.75 million for the land. That’s terribly unrealistic, even if the schools would choose to preserve the land and include it in its curriculum. The School Board now is taking the insanity to a new level by spending $30,000 on an … Continue Reading

Developer Bails in Indiana

Posted in Indiana Eminent Domain
Indiana Business Cleveland-based Fairmount Properties has pulled out of a $100 million redevelopment project in downtown Fishers, northeast of Indianapolis. The developer says the current state of the economy, combined with the number of homes which would need to be acquired, makes it difficult to complete the project in Hamilton County. A number of public … Continue Reading

Asking Judge to Reconsider

Posted in Indiana Eminent Domain
Indy Star Hamilton County officials have decided they want a judge to reconsider his ruling in an eminent domain lawsuit that would provide additional parking in downtown Noblesville. Superior Court 1 Judge Steve Nation ruled against the county in July in its attempt to obtain land through condemnation of McMillan’s Auto Care in the 500 … Continue Reading

Motor Speedway Project

Posted in Indiana Eminent Domain
The Indy Channel, April 20, 2008 Speedway is a step closer to making big changes near the Indianapolis Motor Speedway despite the efforts of some residents to derail the project. Some people are upset that the Speed Zone development plan would force them off their properties. "The unfortunate thing is that the plan that they … Continue Reading

Construction at McGalliard Road

Posted in Indiana Eminent Domain
The Star Press, March 17, 2008 The state hopes to raise the bypass over McGalliard Road, building entrance and exit ramps, according to INDOT spokesman Harry Maginity. In an unrelated development, INDOT also announced it would resume plans to build an overpass that would carry Centennial Avenue over the bypass. Centennial’s intersection with the bypass … Continue Reading

Eminent Domain Sought For Ice House

Posted in Indiana Eminent Domain
The News Dispatch, January 19, 2008 MICHIGAN CITY – An obstacle in the city’s plans to redevelop the North End could become moot soon after a lawsuit was filed to condemn two properties near Michigan Boulevard and Eighth Street. Michigan City Redevelopment Commission Attorney Michael Bergerson said Friday he’d filed the suit last week in … Continue Reading

Water Company’s Rights

Posted in Indiana Eminent Domain
An Aqua Indiana customer on Windsor Road, Steger bought a water softener and replaced a dishwasher and garbage disposal because of the harshness of his water, he said. But the somewhat graphic description of his water’s color is the most telling. “I would take showers and the water would turn the gray hairs on my … Continue Reading

McLean, Livingston, DeWitt County Pipeline

Posted in Indiana Eminent Domain
Pantagraph, August 20, 2007 A Canadian crude oil transporter requested eminent domain to construct a pipeline through McLean, Livingston and DeWitt counties. The eminent domain power is sought only in the interest of efficiency and to meet public need for crude petroleum. Enbridge wants to construct a 170 mile pipeline east of Bloomington from Pontiac … Continue Reading

LaPorte County Airport

Posted in Indiana Eminent Domain
Post-Tribune, August 5, 2007 Northwest Indiana is a prime piece of the national shipping puzzle. A 3,000 acre parcel in LaPorte County is the potential site future site for a huge transportation hub.  The site is close to nearly all major interstates in Northwest Indiana.   If the property owners of the tract do not respond … Continue Reading

Landing Fees

Posted in Indiana Eminent Domain
NWI.com, July 13, 2007 The Gary/Chicago International Airport approved making a $1.6 million court deposit to secure a key stretch of land west of the main runway.   The deposit is part of condemnation proceedings the airport initiated last year. The authority board also approved paying the moving costs of a business located there and clean … Continue Reading

Bloomington Pipeline

Posted in Indiana Eminent Domain
Pantagraph, July 10, 2007 A Canadian company that wants to contruct a crude-oil pipeline through Central Illinois plans to file for eminet domain power near the end of the month. Eminent domain remains a last option, however, Endbridge Inc. might begin negotiating with landowners around the same time it files for certificate of good standing… … Continue Reading

Water Fight

Posted in Indiana Eminent Domain
News Essential, June 2007 Fort Wayne is now free to take over the Aqua Indiana water utility’s northern operation.   It will probably spend more than $1 million plus already invested in legal fees for a bad use of eminent domain – taking over a business that is working perfectly well in private hands.   The Indiana … Continue Reading