Anyone who has seen their home on one
of INDOT's maps will tell you, "I hope they take my home if they build
this thing." It is those who are left with no reimbursement next
to a new highway who are the real losers. We construct this page
for "the lucky ones" who are looking for information on....
Eminent Domain Issues:
Jerry Lehman
owns land being taken for a new Terre Haute bypass. He does not
resent this use of his land, but forwards to us a living nightmare
"negotiating" with INDOT for a fair value. In February 2004, he
wrote:
"In
case anyone would like to know,
here are the particulars on how
INDOT has handled the purchase of my property so far. I
understand
this is normal" Read
his letter
here.
Charles
Ramsden Jr is a family
man
concerned about being forced to move when he will be too old. He
had
his life planned on his land. He has never had a mortgage and has
made improvements to his land that allow for a more healthy lifestyle
with trails that he has built that will not be appreciated for their
value to him. He has thought through the tax, house hunting
and moving costs for every likely buy out scenario.
See a story published
in the Linton Daily Citizen on August 22, 2005 here.
For over twelve years the
possibility of his home being on the chosen route for I-69 was
possible. Now that it has been selected, he just wants INDOT to
buy him out now, so he can move out of this state while he is still
young enough to make the move. Charles does not own a computer,
he has found all of the links that follow on this page at the
public library. His introduction to the link page he has provided
us:
"I believe for each person
that is impacted by I-69 it is important that a full understanding of
their rights and the forces they will be subjected to is a good way to
help either persons that are in favor of or opposed to I-69; and I
believe research by the affected people will help them get the best
possible value out of their property and help in assuring the best
possible outcome if this wasteful project is undertaken."
If
you know anyone that I might be
able to help with further
information about these issues, feel free to have them contact
me. Thanks, Charles K Ramsden, Jr. (812) 863-4474
Charles has talked to
anybody who will listen about his situation and his right to be bought
out as a hardship, so his family can go on with their lives:
Regarding the Federal "hardship"
provision, A call to the Governors office got
INDOT to recognize that Charles knows what he is talking about and it
would seem that they have hastily put together this policy: Click here
Charles approached Mitch Daniels at
the final primary debate. Daniels put Charles in touch with the
member of his staff that is doing the research on I-69 issues. We
find Mitch Daniels "creative funds" ideas for purchase of our homes
very unsatisfactory! Click here
COUNT US!
director, John Smith, forwarded this strong warning as a request for
human
compassion and openness of process:
http://www.i69tour.org/edi_avoidthis.html
COUNT US! was formed with the intersts of effected landowners
first and formost in our hearts and mind. See the first public
comment that announced the forming of this organization:
http://www.bloomington.in.us/~i69tour/johncomments.html
The US Supreme Court has opened
new poweres of eminent domain that threatens any property that any
entity can promise a higher tax return. Mitch Daniels has
announce I-69 may be funded in this way.
Follow Google News coverage of
Private
Property VS Eminent Domain in Indiana here.
COUNT US! has some coverage of
Daniels
privatization of I-69 here.
I-69 land acquisition- rural.
Federal Highway comments to INDOT about agricultural impact
mitigation for I-69
http://www.fhwa.dot.gov/realestate/rowi691c.htm
Starting point for various
subjects related to property rights.
Purchases/hardship buyouts (see section 14), relocation,
settlements, etc.
Regarding the availability of hardship buyout before
environmental finalization is found here also. - 14 SPECIALZED
ACQUISITION FUNCTIONS - reference 23 cfr 710.
http://www.fhwa.dot.gov/realestate/pdg.htm
Hardship - Early Buy out
http://www.i69tour.org/hardship.html
Appraisal Guide
http:www.fhwa.dot.gov/realestate/uapubs.htm
Land Evaluation
http://www.usdoj.gov/enrd/land-ack_acquisitions.htm
Privatization (Giving up your
land for others profit)
A Google Search: public
private transportation act (PPTA)
Real Estate Guide for Local
Public Agency
http://www.dot.gov/realestate/lpaguide/reag.pdf
Route to Indiana Eminent Domain
law - IC 32-24
http://www.in.gov/legislative/ic/code