Taking Access Rights and Altering the Nature of Property Can Have Lasting/Devastating Effects
By: J. Eric Rochford, Eminent Domain Attorney
Taking access rights to commercial or special use properties can be devastating to the business operated on site as well as the remaining value of the real estate. However, just because a condemning agency takes access to property, doesn’t necessarily mean that it will or is required to pay for it. The determination of when/if access rights are compensable in a particular taking can be complex. Often times removal/relocation of access to property can result in the business shutting down and the remaining value of the real estate being reduced to pennies on the dollar compared with what the owner previously thought or expected the property to be worth.
Delays on I-69 Construction Project and the Impact on Section 6 Land Acquisitions
By: J. Eric Rochford, Eminent Domain Attorney
By now I’m sure all Hoosiers are well aware that the construction of I-69 Section 5 between Bloomington and Martinsville has been significantly delayed – by significant I’m referring to years, not months. The primary design-build contractor and subcontractor for this section of the I-69 Project, I-69 Development Partners and Isolux Corsan, completely blundered the project and Isolux Corsan is now pending bankruptcy. The big question for the property owners along the final portion of the I-69 Project, Section 6, is: what impact do the delays on Section 5 have on the timing for the land acquisition process for Section 6?
The Impact of IndyGo Red Line Project for Broad Ripple Property Owners
By: J. Eric Rochford, Indianapolis Eminent Domain Attorney
The City of Indianapolis’ most recent effort in “rapid transit” is the IndyGo Red Line. Phase 1 of this project is estimated to cost $96 million. It will travel from College Avenue in Broad Ripple, along 38 Street, down Meridian Street, through Fountain Square and ending at the University of Indianapolis. The 13.5-mile stretch of bus line will require the elimination of travel lanes, parking spots, and driveways on College Avenue, 38th Street, Meridian Street and Virginia Avenue. The project is almost certain to have a significant impact on vehicular traffic both during and after construction for those drivers who use these streets in Broad Ripple and downtown Indianapolis. However, some property owners will bear a much more significant burden.
How to Read a Right-Of-Way Appraisal
By: J. Eric Rochford, Attorney
If you’ve ever bought or sold a home or any type of real estate, you have almost certainly seen (and hopefully) read a real estate appraisal. Typically, appraisals are in the standard 6-page Uniform Residential Appraisal Report format. However, appraisals for eminent domain/condemnation purposes Right-of-Way (“ROW appraisals”) are much different.
How Does An Eminent Domain Action Affect Your Mortgage?
By: J. Eric Rochford, Attorney
Generally speaking, your mortgage won’t be negatively affected by a partial land taking. However, depending on the status of your mortgage, your mortgage holder may get involved in your condemnation case and attempt to claim some or all of the proceeds. However, it’s still a good idea to keep your mortgage holder informed of a possible land taking.
Can You Ask the State to Take Your Property Early by Eminent Domain?
By: J. Eric Rochford, Attorney
If you live along the SR 37 corridor that has been identified as the I-69 Expansion Project Section Six that stretches from Indianapolis to Martinsville, you may have asked yourself the above question. Asking the state of Indiana to take your property early relates to what is called hardship/advanced acquisition or protective buying. Hardship/advanced acquisition is a method the state could use to take private property earlier than planned in order to lessen some type of health or financial situation for the property owner. Protective buying is a little different and refers to an action by the government to take a particular piece of land early to prevent imminent development and increased costs within a preferred location for the project.
How much does it cost to hire an eminent domain attorney?
By: J. Eric Rochford, Attorney
Landowners are often concerned that they can’t afford to hire an attorney or that, if they do hire an attorney, the attorney will take most of the settlement proceeds. This is not the case with contingent fees in eminent domain cases. These fee agreements have become commonplace as potential clients prefer not to spend money upfront to hire an attorney and want to have a way to encourage the attorney to get them the most money possible out of their case. Contingent fee contracts are created to do exactly that. In its most basic form, a contingent fee agreement says that a client will not owe an attorney any money for representing them until and unless the attorney obtains a settlement or secures a favorable verdict at trial. In that event, the attorney takes his fee out of the proceeds the clients gets from their case. If an attorney is not able to settle the case and does not win at trial, then the clients owe the attorney no money for his work.
How is just compensation determined in an eminent domain matter?
By: J. Eric Rochford, Attorney
Landowners who face having their land taken by the government for a public project such as a highway, utility easement, or school building have likely heard the term “just compensation”. But what exactly does “just compensation” mean to a landowner? The U.S. Constitution holds the answer (specifically the Fifth Amendment of the U.S. Constitution. Also, Art. 1 § 21 of the Indiana Constitution).
Eminent Domain Answers for Landowners
By: J. Eric Rochford, Attorney
The idea that the federal government can seize your private property sounds unfair. However, the United States Constitution gives the government the right to do just that as long as it is in the interest of the public to do so. What rights do landowners have when the government invokes its right of eminent domain? This article will answer a few questions if you are faced with this situation.