County Moves to Acquire Farmland by Eminent Domain

8 August 2017
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St. Joseph County is attempting to use the power of eminent domain to acquire nearby farmland to aid in the construction of an industrial park in New Carlisle, Indiana. Eminent domain is the power of the government and some private corporations to take private property for public use in return for just compensation.

Kenneth Huston, the owner of the 37-acre property, might be forced to sell his farmland to the county for a price determined in court.

After identifying the property’s appraised value, the county offered Huston $9,300 per acre. Huston denied the offer and instead raised it to approximately $50,000 per acre.

Huston believes the property is worth more because harvesting crops is his livelihood. He planned for his sons to continue the farming tradition.

The county needs Mr. Hutson’s farmland to build a railroad to service the New Carlisle industrial park, but other properties are also required to complete the project. Therefore, the county seeks to keep the cost of property acquisition low to avoid overspending on one property.

When the county rejected Huston’s offer, he was not notified, nor was he informed of the county’s plan to pursue an eminent domain proceeding.

During the eminent domain proceeding, the court will evaluate and determine if the county’s plans for the farmland qualify as public use. If the proceeding moves forward, the court will schedule appraisals to analyze the property and set a fair price value. If the value is finalized, the county will require Huston to sell the property.

To learn more about St. Joseph County threatening to use the power of eminent domain, visit http://www.southbendtribune.com/news/local/st-joseph-county-to-use-eminent-domain-for-farmland-near/article_6b603b4f-ed4f-54cf-8ceb-a4d3b50544f6.html

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