Legal Question in Real Estate Law in Indiana
State rights of eminent domain
The state of Indiana has proposed a relocation of a state highway near my home. The proposed right of way does NOT touch my house or property. The right of way does cut off access to the house. In the documents the state has on file the house has not been addressed in the environmental impact statement. The engineering report did bring this fact to the attention of the state -3- years ago , but the house still has not been included. The state has had a public meeting , which I did not attend, but did include my home. The documents from this meeting indicated my house MAY be relocated ( not WILL be relocated as all the other homes were refered to ). Access to my house can be maintained by the construction of a new road to my house ( which would be the only house served by this road ). Question. Can the state of Indiana exercise eminent domain even if there is no public use for the land taken? Can the state take property even, if access can be maintained, if the cost for the new road is more then the property may be apprasied for? Is this a case that may have some merits to take to court?
1 Answer from Attorneys
Eminent Domain Rights
The state can not take private property for a private purpose only a public one. Building a state highway is a public purpose. However fair and just compensation must be paid for any loss. I suggest you get immediately involved or you will find yourself let out in the cold. Political pressure is important and get yourself an attorney to protect your rights. At the very least you will have to be paid something.
I am not an attorney in your jurisdiction and I suggest you seek the advice of local legal counsel.
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