Eminent Domain Archives - Cohen & Malad, LLP

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… Continue Reading »

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… Continue Reading »

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 71st & College Avenue in Broad Ripple, along 38th Street, down Meridian Street, through Fountain Square and… Continue Reading »

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. Right-of-Way… Continue Reading »

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… Continue Reading »

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… Continue Reading »

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… Continue Reading »

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… Continue Reading »