Sever Walker Padgitt is an eminent domain and condemnation law firm serving landowners in Indiana, Ohio, Illinois and North Carolina. The following are recent results for Sever Walker Padgitt clients. Please note that past results are no guarantee of future success. Each individuals case is different and has unique elements, thus the outcome of a particular case cannot be predicated upon a law firm’s pas results. Although Sever Walker Padgitt has worked on hundreds eminent domain issues this log reflects cases resolved since the beginning of 2013. A list of all cases handled by the firm during a previous time period, including the required background information and explanation, can be provided free of charge upon request.
March, 2013
State of Indiana v. Client, State Offer was 534,000 case resolved for 1 million.
In this case the State was conducting a total take of a church near the City of Delphi in central Indiana. The State attempted to value the building using a comparable sales method. Sever Walker Padgitt argued that the the proper appraisal method was the use of replacement cost approach due to the unique use of the property. The case was resolved days before trial.
February 2013
State of Ohio v. Client, State Offer was 2,980 case resolved for $25,000.00 and additional land.
In this case the State of Ohio was attempting to condemn additional right of way for the expansion of I-75. As part of this expansion they were taking frontage from our client. The taking was also removing one of several drives from the property. After negotiations the case was eventually resolved. The settlement not only included a substantial cash payment but additional land was deeded to the owner.
State of Indiana v. Client, State Offer was $49,645, case resolved for $115,000.00
In this case the State was taking land to install a highway on the client’s land. The taking caused certain parts of the property to be landlocked. More importantly the access that the client used to enter the property was taken away. We argued that the removal of access was a residual damage. The case was eventually resolved.
January 2013
State of Indiana v. Client:,State Offer was $29,000, case resolved 1/21/2013 for $70,000
In this case the State was taking land to install a highway on recreational land owned by the client. The client lived on the property in a house overlooking the recreational land. In this case the highway was being installed in close proximity to the client’s house. It also removed a pond and several scenic trees. The State argued that no set back or residual damage occurred due to the fact the highway was as far away from the house as was typical in the area. Sever Walker Padgitt argued that residual damages were appropriate in this condemnation case. It was argued that the State was introducing a set back where none had otherwise existed and therefore residue damages were appropriate. This case was settled.
BCD v. Shree Prestige, Inc.
Sever Walker Padgitt operating on behalf of Shree Presitge, Inc. counterclaimed BCD. In this case BCD filed suit against Shree Prestige for enforcement of certain part of a lease. Shree Prestige Inc. counterclaimed for past due rent and destruction of certain parts of the property. BCD’s claims were dismissed. A bench trial was conducted by Phil Sever of Sever Walker Padgitt. Shree Prestige Inc. was awarded $1,617,271.30.
If you have an eminent domain or condemnation issue in Indiana, Ohio, Illinois or North Carolina please give us a call for a free consultation at 888-318-3761 or send an email to us at phil@landownerattorneys.com.
