ILNews

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“INDOT’s judgment as to necessity of appropriating this land for the I-69 Project cannot be questioned or superseded by the judgment of this court,” he wrote.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. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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