Eminent Domain Attorneys In Indiana

We provide a free case review for any individual or business facing condemnation or eminent domain in Indiana.

Eminent Domain & Condemnation Attorneys in Indiana

At Sever Walker Padgitt, our mission is to hold condemners—whether they be state, federal, local, or utility—accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner facing eminent domain or condemnation in Indiana. We serve clients in all areas of the state, including Indianapolis, Fort Wayne, and Evansville.

While it’s understandable to feel overwhelmed in this situation, know that our Indiana eminent domain attorneys are here to answer all of your questions and fight for your rights.

What Is Eminent Domain Law In Indiana?

Eminent domain in Indiana is a legal term referring to the government’s right to seize private land and take it away for public use. Though this right is conventionally reserved for the building of highways, government buildings, and other publicly owned and operated projects, this right may also extend to the builders of pipelines, power lines, and redevelopment projects.

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 code. Our expert eminent domain lawyers in Indiana are very familiar with these codes, and we can help you understand how they affect your rights as a landowner.

Read More About Eminent Domain, Indiana Code 32-24-1

What Should Landowners Do After Receiving an Eminent Domain Notice in Indiana?

If you’ve received notice of eminent domain in Indiana, you may be unsure of where to turn next. Since the government may have been planning these actions for years, it’s essential to take swift action—which includes getting the experienced help you need.

Eminent domain is a complicated and niche area of law. Most general practice attorneys have no idea how to handle it, so don’t think you need to conquer it on your own. The experienced Indiana eminent domain attorneys at Sever Walker Padgitt understand how to provide maximum compensation and protect landowner rights.

Get A Free Consultation With Sever Walker Padgitt

Find an Experienced Eminent Domain Attorney

As soon as you receive a notice of eminent domain, contact an experienced lawyer. Eminent domain attorneys are trained to handle these specific types of cases, and they can help you get the best possible outcome in any situation.

Know Your Rights

Your attorney can help educate you on your rights when faced with eminent domain. We’ll make sure you understand how our processes put you in a better position to negotiate with the government and receive just compensation for your land.

Allow Your Lawyer to Conduct Negotiations

It’s your lawyer’s job to handle all negotiations and litigation associated with your case. A skilled eminent domain lawyer in Indiana will be able to stand up for your rights and make sure you get fair treatment in court.

Resolve The Matter

Eminent domain cases can be resolved at any point between receiving an offer and receiving a jury verdict on compensation. Partnering with an experienced attorney will give you the best advantage when considering whether to accept or reject a government’s offer of settlement.

Find An Experienced Eminent Domain Attorney

You don’t have to (and shouldn’t) fight the government on your own. Eminent domain attorneys are trained specifically to handle these types of cases, and they can help you get the best possible outcome in any situation.

Know Your Rights

Your attorney can help educate you on your rights when faced with eminent domain. This will put you in a better position to negotiate with the government and receive just compensation for your land.

Allow Your Lawyer To Conduct Negotiations

It’s your lawyer’s job to handle all negotiations and litigation associated with your case. A skilled lawyer will be able to stand up for your rights and make sure you get fair treatment in court.

Resolve The Matter

Eminent domain cases can resolve at any point between receiving an offer and receiving a jury verdict on compensation. Generally, the more complex the case is, the longer it takes to conclude. A landowner should rely on an experienced attorney’s advice when considering when to take or reject a government’s offer of settlement.

Case Results

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $145,500

Sever Walker Padgitt Result:

$1,515,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Starke County)

Case Type: Other

Initial Offer: $11,000

Sever Walker Padgitt Result:

$159,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Indiana

Case Type: Road projects

Initial Offer: $350,000

Sever Walker Padgitt Result:

$1,000,000

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

View All Case Results

Inverse Condemnation in Indiana

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, it institutes a condemnation action using its powers of eminent domain.

A more insidious inverse condemnation example is when the government action does not produce an obvious taking, such as the acquisition of your land to build a road, but still 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 it has created on their property.

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 companies, and pipeline companies. These takings can include sewer installations, electric line construction, natural gas pipelines, oil pipelines, and even coal gasification pipelines.

Private Takings in Indiana

In some very specific instances, eminent domain can be used to take property from a person or business and give it 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. However, the eminent domain attorneys at Sever Walker Padgitt have conducted litigation on these issues and have a deep understanding of this statute.

Frequently Asked Questions

What Are the Limits of Eminent Domain in Indiana?

Do not lose hope in your battle with the government. There are limits and institutional guidelines implemented in Indiana’s code that restrict a condemnor’s actions and protect the landowner. Knowing those nuances is key to getting fair treatment. The government is required to:

  • Provide notice of condemnation
  • Show justified reasons for taking the land
  • Offer compensation in exchange for the land
  • Engage in negotiation with the landowner
  • Place a deposit with the Court before entry onto the property

The condemnor is legally required to offer just compensation in exchange for land. Prior to initiating any eminent domain action against the landowner, the condemnor must issue a bona fide, good-faith offer to the landowner.

However, there is no requirement that this is a “good” offer, but merely an offer based on a previously created appraisal. Often, this offer is insufficient and does not properly compensate the landowner.

In the instance where a building, structure, billboard, improvement, or entire piece of property is being acquired, you may be faced with relocation. This can be a very complicated process. 

There are substantial relocation benefits available in these types of acquisitions that are sometimes never used by landowners. In many cases, the condemning authorities do not even discuss all the different aspects of relocation, leaving landowners in the dark. It’s essential that you hire professionals who can assist you in maximizing your benefit.

Yes. Relocating a business involves a lot more costs to consider than a family home. If you are forced by the government to move your retail space, warehouse, business, or other private entity, you will end up forking over a substantial amount of cash to do so.

Under Indiana law, and in consideration of federal relocation guidelines, condemnors are required to offer money to assist entities in relocating their operation if it will be displaced as a result of the taking. Just as the offer for the land may be insufficient, this offer can also fail to adequately reimburse the landowner for any anticipated relocation costs. Getting the help of a seasoned eminent domain lawyer in Indiana is the best way to ensure your compensation accounts for the full impact on your business.

Yes, in most cases, the landowner is entitled to a reimbursement for reasonable attorney fees associated with eminent domain in Indiana.

It’s not often that eminent domain can be stopped—but it is possible in some cases. In order to halt eminent domain, a skilled attorney must demonstrate that the condemnor did not follow the law in attempting to exercise its ability. More often than not, stopping an eminent domain taking will not succeed, and the focus of the litigation ends up being compensation.

In most cases, the government can still force the condemnation of your property and seize it when it has been proven to be part of a justified improvement project and strictly followed outlined procedures.

It is best to enlist the assistance of a lawyer to help ensure you aren’t taken advantage of in these situations and understand how to resolve the dispute within the laws of Indiana.

While some eminent domain cases in Indiana can be resolved within a few months, others may last as long as a year or more. So what explains the variation in timeline?

The length of the case depends on many factors, such as the type and nature of the land being taken, the parties’ compensation postures and positions, and the reason for the condemnation. Many cases do not require litigation, but some do. Generally, a case that requires litigation is going to last longer than one that does not.

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we take pride in our expertise and dedication. With over 50 years of combined experience, our entire firm is built around serving you—the landowner who is facing eminent domain or condemnation.

Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You

From fruit stands to gravel mines, Sever Walker Padgitt can help a landowner facing eminent domain for any type of property. Hire our team of eminent domain and condemnation lawyers in Indiana for the best chance at receiving the fair outcome you deserve.

At Sever Walker Padgitt, 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 can add additional compensation to your case. This is a chance to have your case evaluated for free by experienced professionals.

With more than two decades of experience in the industry, our attorneys have helped thousands of landowners across the country to secure greater compensation and relocation benefits from the government. Our offices span from Texas to North Carolina and beyond. Allow us to use our expertise to defend your rights at a vulnerable time.

Whether or not you decide to hire our firm, we urge you to retain an attorney to represent you in this matter to ensure that your interests are fully protected.

If you have any questions about eminent domain or condemnation, or would like a free consultation, contact us at 317-575-9942 or email your questions to phil@landownerattorneys.com.

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Address

742 S Rangeline Rd.
Carmel, IN 46032

Phone

(317) 575-9942 (Local)
(888) 318-3761 (Toll Free)
(317) 575-9943 (Fax)

Email

phil@landownerattorneys.com

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Let us share our expertise before you take on Connecticut by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.

Contact us online or call 888-318-3761 to speak to a Connecticut eminent domain attorney.

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