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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“INDOT’s judgment as to necessity of appropriating this land for the I-69 Project cannot be questioned or superseded by the judgment of this court,” he wrote.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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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