INDOT Overreaching

Landowners are upset about the use of their property for the I-69 extension project, and the issues do not stop at the actual taking of the land.  Clients who have been the subjects of partial takings are reporting that their non-taken land is being driven on and even damaged as a result of the project. 

It is important to remember, as a victim of eminent domain, that one’s rights do not stop once the agreement to purchase the land has been finalized.  INDOT only has the right to use non-taken land for certain limited purposes without the owner’s permission.  An example would be to complete a survey of the land.  Additionally, remedies are available for damage to non-taken land as a result of INDOT’s activities.  The most likely being that INDOT would be required to compensate an owner for the damage to the property.  Be aware of any potential overreaching and be prepared to exercise your rights.