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State may take Greene County property for I-69 project

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The state may take property in Greene County over the objections of the owners for construction of a portion of Interstate 69, the Indiana Court of Appeals held Thursday.

Michael Patrick Knott and Andrew John Knott appealed the trial court issuance of an order of appropriation and appointment of appraisers regarding 11.236 of the 45 acres they owned in Greene County. The state filed the complaint in eminent domain proceedings to obtain the portion of the Knotts’ land.

The Knotts objected, claiming the state and the Indiana Department of Transportation acted illegally and in bad faith because the I-69 project is proceeding in violation of certain federal laws, including the National Environmental Policy Act. The state’s complaint originally contained a scrivener’s error, but it was corrected to include the Knotts’ parcel.

Greene Circuit Judge Erik C. Allen entered an order striking the Knotts’ objections and entered the order of appropriation.

Indiana’s eminent domain laws do not require the state to comply with the federal statutes cited by the Knotts in their objection prior to appropriating private property for public purpose, Judge James Kirsch wrote in Michael Patrick Knott and Andrew John Knott v. State of Indiana, 28A04-1203-PL-122.

Indiana Code 32-24-1-5.8 recognizes INDOT’s authority to acquire a parcel of land or property right for the construction of a state highway or toll road project. INDOT has the authority to acquire private or public property for limited access facilities and service roads based on I.C. 8-23-8-3. In addition, the federal statutes the Knotts cited in their objections don’t concern the acquisition of property but are related to collateral issues concerning the interstate project.

“INDOT’s judgment as to necessity of appropriating this land for the I-69 Project cannot be questioned or superseded by the judgment of this court,” he wrote. “While we affirm the State’s authority to take the Knotts’ property, we regret the hardship that this condemnation may cause the Knotts, notwithstanding the payment of just compensation.”



 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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