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Sunday, November 27, 2005
Ind. Law - Eminent domain on legislative agenda again this year
"Lawmakers may curb eminent domain use: Taking of property for profit at issue" is the headline to an extended story today in the Louisville Courier Journal by Lesley Stedman Weidenbenerand Ben Zion Hershberg. Some quotes:
INDIANAPOLIS -- State legislators are poised to pursue changes to the Indiana law governing eminent domain in the wake of a controversial U.S. Supreme Court decision earlier this year that expands its use.But it's not clear whether they will succeed in their quest to restrict eminent domain -- the government seizure of private property -- to government projects, including roads, airports and stadiums.
"I would love to see that," said one of the General Assembly's most ardent property-rights advocates, Rep. David Wolkins, R-Winona Lake. "But I don't think we can do it. So my approach is going to be more expensive, significantly more expensive … for private developers." * * *
Wolkins plans to introduce legislation that would put other requirements on private-to-private land transactions through eminent domain. Property owners would receive at least 150 percent of the fair market value of their owner-occupied homes, plus compensation for their relocation costs and attorney fees for fighting the seizure under his proposal. "We're going to work to make sure people get something out of this," he said.
Wolkins also wants a law that prohibits eminent domain for private development unless the next-best alternative would increase the project's cost by 10 percent or more.
Posted by Marcia Oddi on November 27, 2005 12:05 PM
Posted to Indiana Law