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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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