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INDOT can take Ohio County property for road improvements

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The Indiana Court of Appeals found Wednesday that the Indiana Department of Transportation is entitled by law to acquire a portion of an Ohio County couple’s property to improve State Road 56.

In Nick Domaschko and Edwina Domaschko, and their Respective Trusts, et al. v. State of Indiana, 58A01-1206-PL-261, Nick and Edwina Domaschko challenged the trial court’s order of immediate appropriation and appointment of appraisers regarding certain portions of the 900 acres they own that INDOT sought for the road project. They claimed that some of the real estate INDOT sought to appropriate wasn’t related to highway purposes: a 50-foot buffer zone associated with the relocation of a creek and a portion of land associated with a shared driveway that straddles two properties.

The Domaschkos argued that INDOT doesn’t have the authority to acquire land to “plant trees or to maintain driveways unrelated to road construction.”  But INDOT presented evidence and testimony that it needed to relocate the creek, which requires installing a 50-foot buffer zone and includes the planting of trees along the relocated portions of the creek.  The buffer zone is required as part of the permitting process.

The Domaschkos also argued that the permanent acquisition of the land to be used as a shared driveway between them and the water company is unnecessary because the water company has another entrance.

“However, INDOT presented testimony explaining that the Domaschkos’ expert’s design was not viable and that a permanent right-of-way was necessary because ‘[t]he driveway is shared by two property owners, so according to Indiana design manual, we have to take permanent right-of-way. We cannot take temporary right-of way from one owner to build a drive . . . for another,’” Judge Michael Barnes wrote. “Thus, it is clear that the acquisition of this property is related to the improvement of State Road 56 and, therefore, INDOT is statutorily authorized to acquire the property for the driveway.”


 

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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