Legal Question in Real Estate Law in Indiana

Re: Land Acquisition and Eminent Domain

You have the right to contest the valuation in a condemnation proceeding. I recommend hiring a firm that specializes in defending condemnation claims and hiring your own appraiser to fight. Time is of the essence so the sooner you act, the better your chances of successfully reaching a fair settlement or obtaining a favorable award

Re: Land Acquisition and Eminent Domain

You need to get your own appraisal of the property. In eminent domain the only issue is just compensation as required by the 5th and 14th amendments. It is a battle of appraisal figures. The state has the right to take the property. Value is really the only issue. Get a top notch appraisal firm.

Re: Land Acquisition and Eminent Domain

The state's right to exercise eminent domain is scattered through all 36 titles of the Indiana Code. Title 32 is the starting point of the code, since that section deals with property. The may be a specific statute that applies to the agency of the state (or even a utility) that is attempting to take the land. Recently I researched this issue for a family whose home was being taken by the local school system. Although I don't know if the state agency you are dealing with is under the exact set of rules, there had to be 2 appraisals paid for by the taker and the price had to be the average of the two appraisals. When you get an offer, you make a counter offer in writing and the agency will usually respond with its highest offer and tell you that by statute it is the maximum it can offer.