October 21st, 2010 — By — In News & Events
Update: I-69 Informational meeting for affected property owners in Indiana
The Princeton Daily Clarion newspaper published an article this morning recapping the meeting held last night in Oakland City, Indiana to inform property owners of their rights and options in eminent domain and on the potential impacts of the proposed I-69 Corridor Project connecting Evansville to Indianapolis.
Some key points from the news article Advice sought on I-69 eminent domain:
- INDOT, in the interest of being responsible stewards of public money, may initially offer low purchase prices for private property needed for this project. Often, these initial offers do not take into account the full value of the property at its highest and best use and the effect the taking would have on the value of remaining property.
- Property owners who will be affected by the project or who have already received offers to purchase their property from INDOT should locate a skilled eminent domain attorney, particularly one who has experience with INDOT. A lawyer experienced in condemnation law and in litigating with condemning authorities, such as INDOT, can assist property owners by navigating the complexities of the eminent domain process and securing just compensation, which may include relocation costs.
- Many attorneys will defend a property owner in an eminent domain suit on a contingency fee basis – requesting as their fee a percentage of the compensation amount awarded above the initial offer. Additionally, Indiana’s eminent domain law IC 32-24-4.5, passed in 2006, provides that if there is a trial and the amount of damages awarded to the owner is greater than the amount specified in the last offer of settlement made by the condemnor, the court shall require the condemnor to pay the owner’s litigation expenses, including reasonable attorney’s fees, in an amount that does not exceed twenty-five percent (25%) of the cost of the acquisition.