INDIANA EMINENT DOMAIN ATTORNEYS

MORE GREAT INFORMATION BELOW THE FOLD

Thanks for visiting the Sever Storey Walker web page for the State of Indiana. There is a ton of great information on this page including videos about the eminent domain and condemnation process and how to get just compensation in Indiana.  We represent a lot of Indiana landowners just like you and have tried to address their key questions.  A lot of the information may appear below the fold so take as long as you need to explore the page.  If you need immediate attention please contact us directly at 1-888-318-3761 or email me at phil@landownerattorneys.com.

INDIANA EMINENT DOMAIN AND CONDEMNATION

At Sever Storey Walker, we work exclusively for LANDOWNERS. The State of Indiana and Federal constitutions require that landowners receive just compensation for any land taken through condemnation and/or eminent domain. This is just not a statement of puffery. This is our core and fundamental belief. It is our mission, as landowner attorneys and lawyers, to represent Indiana landowners and hold the government or taking authority accountable under the Constitution for any land acquired through by eminent domain and through the condemnation process. We will never represent a state, municipality, utility or any other taking authority in an eminent domain taking. Our lawyers and law firm are built around serving you, the Indiana landowner.

For a lot of individuals visiting this website this may be your first exposure with hiring an attorney. You probably have some questions; so let’s get the big ones out of the way. Please remember that every case is different. The responses below are designed to answer general legal questions. If you want to discuss the particulars of your case please give one of our condemnation lawyers a call or send us an email for a free evaluation.

READ MORE: INDIANA EMINENT DOMAIN AND CONDEMNATION

I-69 Section Six Land Acquisition

Over the course of the last five years the Indiana Department of Transportation has been installing I-69, a new major highway linking Indianapolis with Evansville. This project began with Section One five years ago and has caused massive disruptions to farm, commercial and residential landowners along its route.

INDOT is now beginning land acquisition for its final phase. Section 6 will reconfigure SR 37 and convert it to US 69. During this process many access points to SR 37 will be closed and considerable land will have to be acquired. In many instances the land being acquired will be some of the most valuable property in the area. The land acquisition process will cause substantial displacements of residential and commercial property. According to the most recent figures from INDOT 524 acres of land will be acquired causing 127 residential and 50 business relocations.

Sever Storey Walker has represented over one hundred landowners affected by I-69 since its very inception on Section One.

YOU ARE ENTITLED TO JUST COMPENSATION

You are entitled to just compensation.  The constitution of Indiana mandates that you are entitled to just compensation.  Unfortunately, the amounts offered by the Department of Transportation don’t always provide what our firm believes is fair compensation.  It is imperative that you fully understand the impacts to your property before accepting any offer.  For instance, does the acquisition change the highest and best use of the property?  Does it affect zoning?  Will access be impacted?  What about parking, landscaping, setbacks?  An impact to any of these items could cause substantial damage to the value of the property. Our firm has the experience to examine a taking, quickly determine what impacts have been missed by the Department of Transportation, and then fight for the true compensation to which you are entitled.

View our video on compensation here.

RELOCATION

In the instance where a building, structure, billboard, improvement, or an entire piece of property is being acquired, you may be faced with relocation. This can be a very tricky and complicated process. There are substantial relocations benefits available in these types of acquisitions that are sometimes never used by landowners. For instance, did you know that federal law provides money for business reestablishment when a relocation occurs? In many cases the DOT does not even discuss these benefits, leaving landowners in the dark. When you have a commercial relocation, it is essential that you hire professionals that can assist you in maximizing your benefit.

View our video on relocation benefits here.

AN HONEST EVALUATION OF YOUR CASE

When dealing with the Department of Transportation you have only one chance to make the right decision. You should make sure that you fully understand your rights to compensation and the documents you are signing.

Our firm will provide an honest evaluation of your case for free. At Sever Storey, we typically represent clients on a contingency fee basis. This means that we only receive a fee IF WE GET MORE THAN WHAT YOU WERE OFFERED. Because our fees are tied to your additional compensation, we carefully evaluate each case to determine if we could add additional compensation to your case. This is a free chance to have your case be evaluated by professionals with years of experience and is a service we provide that is well worth utilizing.

Sever Storey Walker has provided legal advice to hundreds of clients involving takings both big and small. Our goal is to ensure that you are fully compensated for the physical taking of your land. In some rare instances, we can also assist in stopping the taking. In our experience, the condemning authority (entity taking your land) rarely considers all of the damages that the landowner has suffered. At Sever Storey Walker, our job is to consider all of the factors that relate to compensation and to hold the taking authority accountable.

Whether or not you decide to hire our firm, I urge you to retain an attorney to represent you in this matter, to ensure that your interests are fully protected. If at any time, you have any questions about eminent domain, condemnation, or would like a free consultation contact me at 317-961-1202 or email your questions to phil@landownerattorneys.com.

I-69 Corridor Map

The South Shore Line Double Track Northwest Indiana (NWI)

South Shore line is proposing to improve existing rail line along approximately 25 miles through Lake, Porter and LaPorte Counties. The Double Track Project will add a second track to the current single track route and move other street running tracks. There are also plans for additional stations.

AFFECTED LANDOWNERS

Approximately 70 landowners will have their parcels affected. This means that landowners could be face with partial or complete takings of their property. Currently the project is in its public comment phase with right of way acquisition beginning in late 2017 and 2018.

FIGHTING THE TAKE

Landowner are entering a crucial phase where they can provide public input and attempt to change or fight the take. Fighting a rail company improvement can be very difficult and confusing. Although no one can guarantee that a project of this size can be stopped, Sever Storey Walker can make sure your voice will be heard during this crucial phase.

YOU ARE ENTITLED TO JUST COMPENSATION

You are entitled to just compensation.  The constitution of Indiana mandates that you are entitled to just compensation.  Unfortunately, the amounts offered by the South Shore Rail don’t always provide what our firm believes is fair compensation.  It is imperative that you fully understand the impacts to your property before accepting any offer.  For instance, does the acquisition change the highest and best use of the property?  Does it affect zoning?  Will access be impacted?  What about parking, landscaping, setbacks?  An impact to any of these items could cause substantial damage to the value of the property. Our firm has the experience to examine a taking, quickly determine what impacts have been missed by the Department of Transportation, and then fight for the true compensation to which you are entitled.

RELOCATION

In the instance where a building, structure, billboard, improvement, or an entire piece of property is being acquired, you may be faced with relocation. This can be a very tricky and complicated process. There are substantial relocations benefits available in these types of acquisitions that are sometimes never used by landowners. For instance, did you know that federal law provides money for business reestablishment when a relocation occurs? In many cases the condemning authorities do not even discuss these benefits, leaving landowners in the dark. When you have a commercial relocation, it is essential that you hire professionals that can assist you in maximizing your benefit.

AN HONEST EVALUATION OF YOUR CASE

When dealing with any acquisition of your land you have only one chance to make the right decision. You should make sure that you fully understand your rights to compensation and the documents you are signing.

Our firm will provide an honest evaluation of your case for free. At Sever Storey Walker, we typically represent clients on a contingency fee basis. This means that we only receive a fee IF WE GET MORE THAN WHAT YOU WERE OFFERED. Because our fees are tied to your additional compensation, we carefully evaluate each case to determine if we could add additional compensation to your case. This is a free chance to have your case be evaluated by professionals with years of experience and is a service we provide that is well worth utilizing.

Sever Storey Walker has provided legal advice to hundreds of clients involving takings both big and small. Our goal is to ensure that you are fully compensated for the physical taking of your land. In some rare instances, we can also assist in stopping the taking. In our experience, the condemning authority (entity taking your land) rarely considers all of the damages that the landowner has suffered. At Sever Storey Walker, our job is to consider all of the factors that relate to compensation and to hold the taking authority accountable.

Whether or not you decide to hire our firm, I urge you to retain an attorney to represent you in this matter, to ensure that your interests are fully protected. If at any time, you have any questions about eminent domain, condemnation, or would like a free consultation contact me at 317-961-1202 or email your questions to phil@landownerattorneys.com.

WHEN SHOULD I HIRE AN INDIANA EMINENT DOMAIN ATTORNEY

Confusing, difficult, nerve racking are just some of the ways our clients have described the eminent domain process.

But even with that said, the innate sense in all of us is that “I can handle this. This is my property. I can competently defend it by myself.” This type of attitude, while admirable and seemingly obvious, can get landowners into trouble. Eminent domain is an extremely niche area of law. Most attorneys have no idea how to handle it and what to do; there is no reason for you to be expected to be able to handle it yourself. Even the landowner that doubles his offer on his own, or negotiates what he or she sees as a sweet deal, may be missing out on tens, if not hundreds of thousands of dollars in available money.

The experience Indiana eminent domain attorneys at Sever Storey Walker understand how to provide maximum compensation and protect landowner rights.

So the question is: when should you hire/contact an Indiana eminent domain attorney?
The answer:

1) You should contact the Indiana eminent domain attorneys of Sever Storey Walker AS SOON AS YOU BECOME AWARE YOUR PROPERTY IS WITHIN THE PATH OF THE ROUTE. Why this early? It allows us enough time to start building a strategy. More often than not, you can learn the general path of a roadway or project over your property ahead of the appraisal. With our years of experience, the eminent domain attorneys at Sever Storey Walker can automatically spot areas to look out for if the route is known.

2) You should HIRE EXPERIENCED EMINENT DOMAIN ATTORNEYS AS SOON AS YOU ARE PROVIDED AN APPRAISAL BY THE STATE/TOLLWAY/UTILITY COMPANY/ETC. This appraisal will give Sever Storey Walker attorneys all that we need to determine if you have a case or not. The initial offer and appraisal will provide the exact amount of effect the project will have on your property, and will showcase the exact errors the condemning authority made in the valuation of your property.

Unsure if you should hire an eminent domain attorney? Let Sever Storey Walker review your appraisal FOR FREE. Sever Storey Walker attorneys are more than happy to take a look at your appraisal and GIVE YOU A FREE CASE REVIEW. No strings, no invoices, no hourly fees; just honest assessment and evaluation free of charge.

INDIANA EMINENT DOMAIN ATTORNEYS

EMINENT DOMAIN, INDIANA CODE 32-24-1

Eminent domain procedure is governed by the Indiana Code.  This means that when a condemnor is taking your property they must follow the rules set out in the statute/code.  We have reproduced the code for your review below. The eminent domain attorneys at Sever Storey Walker are very familiar with this particular set of laws.  if you have any questions about eminent domain procedure please feel free to call at 888-318-3761 or email me at phil@landownerattorneys.com.

IC 32-24
ARTICLE 24. EMINENT DOMAIN

IC 32-24-1
Chapter 1. General Procedures

IC 32-24-1-1
“Condemnor” defined
Sec. 1. As used in section 5 of this chapter, “condemnor” means any person authorized by Indiana law to exercise the power of eminent domain.
As added by P.L.2-2002, SEC.9.

IC 32-24-1-2
“Owner” defined
Sec. 2. As used in section 5 of this chapter, “owner” means the persons listed on the tax assessment rolls as being responsible for the payment of real estate taxes imposed on the property and the persons in whose name title to real estate is shown in the records of the recorder of the county in which the real estate is located.
As added by P.L.2-2002, SEC.9.

IC 32-24-1-3
Entry on land; purchase before instituting proceedings; surveys by public utilities or pipeline companies
Sec. 3. (a) Any person that may exercise the power of eminent domain for any public use under any statute may exercise the power only in the manner provided in this article, except as otherwise provided by law.
(b) Except as provided in subsection (g), before proceeding to condemn, the person:
(1) may enter upon any land to examine and survey the property sought to be acquired; and
(2) must make an effort to purchase for the use intended the land, right-of-way, easement, or other interest, in the property.
(c) The effort to purchase under subsection (b)(2) must include the following:
(1) Establishing a proposed purchase price for the property.
(2) Providing the owner of the property with an appraisal or other evidence used to establish the proposed purchase price.
(3) Conducting good faith negotiations with the owner of the property.
(d) If the land or interest in the land, or property or right is owned by a person who is an incapacitated person (as defined in IC 29-3-1-7.5) or less than eighteen (18) years of age, the person seeking to acquire the property may purchase the property from the guardian of the incapacitated person or person less than eighteen (18) years of age. If the purchase is approved by the court appointing the guardian and the approval is written upon the face of the deed, the conveyance of the property purchased and the deed made and
approved by the court are valid and binding upon the incapacitated person or persons less than eighteen (18) years of age.
(e) The deed given, when executed instead of condemnation, conveys only the interest stated in the deed.
(f) If property is taken by proceedings under this article, the entire fee simple title may be taken and acquired.
(g) This subsection applies to a public utility (as defined in IC 32-24-1-5.9(a)) or a pipeline company (as defined in IC 8-1-22.6-7). If a public utility or a pipeline company seeks to acquire land or an interest in land under this article, the public utility or pipeline company may not enter upon the land to examine or survey the property sought to be acquired unless either of the following occur:
(1) The public utility or the pipeline company sends notice by certified mail to the affected landowner (as defined in IC 8-1-22.6-2) of the public utility’s or the pipeline company’s intention to enter upon the landowner’s property for survey purposes. The notice required by this subdivision must be mailed not later than fourteen (14) days before the date of the public utility’s or the pipeline company’s proposed examination or survey.
(2) The public utility or the pipeline company receives the landowner’s signed consent to enter the property to perform the proposed examination or survey.
An affected landowner may bring an action to enforce this subsection in the circuit court of the county in which the landowner’s property is located. A prevailing landowner is entitled to the landowner’s actual damages as a result of the public utility’s or the pipeline company’s violation. In addition, the court may award a prevailing landowner reasonable costs of the action and attorney’s fees.
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.5; P.L.110-2007, SEC.2.

READ MORE: EMINENT DOMAIN, INDIANA CODE 32-24-1

PRIVATE TAKINGS, INDIANA CODE 32-24-4.5

In some very specific instances eminent domain can be used to take property from a person or business and given to another person or business. Generally, this can only occur if the taking is for a public purpose or the property is blighted.  The issues here are very complex.  The eminent domain attorneys at Sever Storey Walker have conducted litigation on these issues and have a deep understanding of this statue.  If you have any questions related to private to private eminent domain proceedings in Indiana please call 888-318-3761 or call phil@landownerattorneys.com.

IC 32-24-4.5

Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons

IC 32-24-4.5-1
Application of chapter; “public use”
Sec. 1. (a) As used in this section, “public use” means the:
(1) possession, occupation, and enjoyment of a parcel of real property by the general public or a public agency for the purpose of providing the general public with fundamental services, including the construction, maintenance, and reconstruction of highways, bridges, airports, ports, certified technology parks, intermodal facilities, and parks;
(2) leasing of a highway, bridge, airport, port, certified technology park, intermodal facility, or park by a public agency that retains ownership of the parcel by written lease with right of forfeiture; or
(3) use of a parcel of real property to create or operate a public utility, an energy utility (as defined in IC 8-1-2.5-2), or a pipeline company.
The term does not include the public benefit of economic development, including an increase in a tax base, tax revenues, employment, or general economic health.
(b) This chapter applies to a condemnor that exercises the power of eminent domain to acquire a parcel of real property:
(1) from a private person;
(2) with the intent of ultimately transferring ownership or control to another private person; and
(3) for a use that is not a public use.
(c) This chapter does not apply thirty (30) years after the acquisition of the real property.
As added by P.L.163-2006, SEC.17.

READ MORE: PRIVATE TAKINGS, INDIANA CODE 32-24-4.5

INVERSE CONDEMNATION

Governments may sometimes take actions that limit the use of your property. Typically, when the government plans on taking your property for a public purpose they institute a condemnation action using their powers of eminent domain. A more insidious inverse condemnation example is when the government action does not produce an obvious taking, such as acquisition of your land to build a road, but nonetheless significantly impacts the landowner’s property value. In these instances, an Indiana landowner may bring an inverse condemnation lawsuit to hold the government accountable for the limitations they have created on your property.

READ MORE: INVERSE CONDEMNATION

UTILITY TAKINGS IN INDIANA

It is our mission to hold the State of Indiana and utilities accountable to provide just compensation to landowners. Besides the State of Indiana, landowners can have their land taken by eminent domain and condemnation by utility companies including water departments, electric and pipeline companies. These takings can include sewer installations, electric line construction, natural gas pipelines, oil pipelines and even coal gasification pipelines.

READ MORE: UTILITY TAKINGS IN INDIANA