When Indiana landowners are faced with eminent domain or condemnation it can sometime be very intimidating. This is especially true when the agency taking your land uses a lot of unfamilar terms. Tonight I thought I would take a few moments and define some of the more common terms that landowners might run into in a condemnation or eminent domain case. “Condemnor.” The condemnor is the agency who is taking the land. A condemnor will typically be a State agency such as the Indiana Department of Transportation, utility, or local government. “Right of Way.” Right of Way references the land to be taken. It is most commonly used to reference a road project. “Easement.” In some instances the condemnor will take an easement across your land instead of outright taking your property. An easement is a right of access and entry onto your property. Utilities that install powerlines or pipleines using eminent domain typically take an easement as opposed to taking the property outright. Typically in larger construction projects a condemnor may take a temporary easement to stage materials for construction. Temporary easements are usually put into place for only a limited amount of time. For all types of easements compensation must be paid to the landowner. “Right of Way Agent.” Most condemnors will hire outside contractors called right of way agents to negotiate with landowners prior to bringing an eminent domain or condemnation law suit.
Sever Walker Padgitt is a multi state law firm serving landowners who are faced with eminent domain or condemnation. If you have any questions about these terms or about a eminent domain or condemnation matter you may be facing feel free to give us a call at 1-888-318-376 or just email your questions to phil@landownerattornesy.com.
