The Government Took My Water!

This blog post is to alert landowners that have recently had a new highway placed on their property or nearby their property to pay close attention to water loss issues.  It has been reported to our firm that several individuals have experienced water loss from their acquifers due to construction of the I-69 and Hoosier Heartland highways on their land or adjacent to their land.  This water loss has led to wells and cisterns running dry and substantial negative impacts to farm land properties.  With more frequent and intense drought conditions water is an extremely valuable resource.  However, water loss issues are rarely addressed in initial acquisition of land by the State (land for highways is typically acquired using emient domain or condemnation.)  Typically this is due to the fact that water problems only become apparent after the installation of the highway.  Our firm is currenlty investigating several water loss issues as a result of highway construction.  Landowners should be aware that if they suffer water losses they may be entiteld to bring an inverse condemnation action against the State  or governmental entity that caused the loss.  In an inverse condemantion action a landowner may bring an action against the State where a government action, for example the construction of a road, caused a damage to a property right.  Inverse condemnation cases can also be brought when State actions cause flooding.  If you have any questions about water losses, flooding, inverse condemnation or eminent domain please feel free to contact us for a free consultation at 888-318-3761 or by email to


What are the unique issues that face commercial property owners in condemnation that can make all the difference?



Landowners forget this one thing when dealing with utility companies that want an easement across their land.



What you need to know to be treated fairly by the condemning authority.