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Wednesday, September 06, 2006
Ind. Gov't. - Floyd's continuing dispute over whether a utility can condemn land in eminent-domain proceedings
Matt Batcheldor of the Louisville Courier Journal reports today:
With a groundswell of support from Floyds Knobs residents, the Floyd County Board of Commissioners voted 2-1 last night to give the county final say over whether a utility can condemn land in eminent-domain proceedings.Commissioner Chuck Freiberger successfully argued that the county must pass the ordinance immediately because the issue is already affecting residents.
"It's time for county government to step up and protect our citizens until the state government steps in and does something," Freiberger said.
Four Floyds Knobs neighbors were sued in an attempt to run sewer lines on their property so developer Bob Lynn can start the 223-lot Lafayette Ridge subdivision off Stiller and Fertig Creek roads.
The county's Plan Commission approved the project in July, but only if Lynn could get easements on four neighbors' land for sewer lines -- and they have refused.
County Attorney Steve Lohmeyer said the commissioners couldn't stop those proceedings even if they adopt the measure. But Freiberger and Commissioner Steve Bush said the county could stop such action in the future.
It's not just the four residents that were taken to court -- more than 300 people have signed a petition supporting an eminent-domain crackdown. About 40 residents attended yesterday's standing-room-only meeting.
"I think the citizens of Floyd County are pretty clear that they want restrictions on eminent domain," said Floyds Knobs resident Jeff Moberly. * * *
John Kraft, an attorney who has represented the Edwardsville water district for 15 years, said it's the courts' job to decide who gets eminent domain.
But resident [George] Mouser countered, "It may cost you more than your land's worth to defend it."
The Supreme Court case prompted Indiana's General Assembly to adopt a law earlier this year making it much more difficult for a local government to take private land. The land must be considered blighted, unsafe or unsanitary, and a percentage of landowners would have to agree with a project before eminent domain could be used to proceed.
But that law doesn't address eminent-domain seizures by public utilities.
"If I don't want sewer lines on my property, that shouldn't be allowed," [Commissioner Steve] Bush said.
Posted by Marcia Oddi on September 6, 2006 07:11 AM
Posted to Indiana Government