Eminent Domain Attorneys In Indiana

All eminent domain and condemnation proceedings in Indiana must comply with specific laws and guidelines.

Public Use

In response to the groundbreaking case Kelo v. City of New London, which broadened the federal definition of public use, Indiana passed House Bill 1010 to help safeguard against abuses of eminent domain within the state.

Indiana law clearly delineates what counts as public use for eminent domain, which can include roads, bridges, utility lines, public schools, and more. The law also restricts the use of eminent domain when the primary gain is economic development or tax revenue enhancement and sets specific parameters on how and why certain types of property can be seized.

Condemnation Notice Timelines

Before seizing a property, a “good faith” offer to purchase the property should be made. A property owner must accept or refuse the offer within 30 days of notice. Even if you don’t respond, the government can still proceed with legal actions to take your property.

Finding a good eminent domain lawyer to review your initial paperwork and help you send your responses in a timely manner is extremely important to ensure you are treated fairly throughout the rest of the condemnation process.

Just Compensation

Every landowner is entitled to just compensation under Indiana’s eminent domain laws. How is this compensation determined? The buyer must have an appraisal of the property conducted and provide the landowner with documentation of the determined fair market value with their offer.

Fair market value is generally defined as 120% of the appraised value of the property. This is another area where the details can vary, and it should be reviewed by an independent eminent domain attorney familiar with Indiana law to determine whether every aspect of the property’s value and the financial hardships associated with vacating the property have been taken into account. It is often NOT in the owner’s best interest to take a condemnor’s initial offer.

Once the case has been settled, a property owner should expect payment within 90 days, and all property should be turned over to the new owner within 30 days of payment.

Governments may sometimes take actions that limit the use of your property. Typically, when the government plans to take your property for a public purpose, it institutes a condemnation action using eminent domain.

A more insidious inverse condemnation example is when the government action does not produce an obvious taking, such as the acquisition of 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.

It is our mission to hold the State of Indiana and utilities accountable to provide just compensation to landowners. In addition to 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.

In very specific circumstances, eminent domain can be used to take property from one person or business and transfer it to another. 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 litigated these issues and have a deep understanding of this statute.

Landowners in Indiana have 30 days to accept, reject, or try to negotiate the initial offer they receive. The government must provide proof of appraisal and allow for an independent review of its offer to determine its fairness. A litigation process may follow:

1. Filing a Lawsuit: If an agreement can’t be reached, the condemnor can file a lawsuit.
2. Landowner Objections: A landowner has 30 days to provide any objections to the taking.
3. Court-Appointed Appraisal: The court appoints independent appraisers to determine the property value and submit a report of their findings.
4. Exceptions: Additional exceptions or arguments can still be presented if needed.
5. Trial and Final Judgment: If an agreement hasn’t been reached through any of the above measures, the eminent domain case and the issue of just compensation will be decided through trial.

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.

With more than two decades of experience in eminent domain, 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 Indiana to North Carolina and beyond. If you’re looking for an attorney to help you settle an eminent domain case in Indiana, 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.