Lebanon Eminent Domain Coercions

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Disturbing instances of public policy "bullying" by the City of Lebanon are the uses of eminent domain to coerce roundabout right-of-way acquisitions for the Indianapolis Avenue “gateway” project. The Lebanon Interchange Land Use Plan proclaims that the goal of the Indianapolis Avenue gateway project “is to welcome residents and visitors to Lebanon and invite them to look further at all the great qualities of the City.”  To impose eminent domain for such a nonessential and nonsensical project is abhorrent.

In accordance with the Indiana Code “Eminent Domain” Article 24, three gateway right-of-way condemnation cases were filed with the Boone County Circuit Court on behalf of Lebanon Mayor Huck Lewis and the Lebanon City Council (Keith Campbell, John Copeland, Mike Kincaid, Lana Kruse, Jeremy Lamar, Steve Large, Preston Myers). Some of the the details of these three eminent domain coercions are listed below. 

Case No. 06C01-1303-PL-0175: City of Lebanon versus Seacrest LLC
(included Lisa Conard’s Gentle Family Dentistry front parking lot at 1705 Indianapolis Avenue)

Seven of the various Complaint of Condemnation provisions are listed next.

(1) The condemnation action was brought "by the City executive, and the Lebanon City Council, under Indiana Code 32-24-1."

(2) "To complete the road improvement project, Lebanon must acquire a fee simple interest in a portion of the Property owned by Defendant."

(3) "The Acquisition Area consists of 0.926 acre, more or less, including 0.225 acre of presently existing right-of-way."

(4) "More than thirty (30) days before filing this Complaint, Lebanon extended to Defendant an offer to purchase the necessary portion of the Acquisition Area, in the form prescribed by I.C. 32-24-1-5."

(5) "Lebanon is entitled to acquire the described portion of Defendant's property by condemnation."

(6) An Order was prepared "appointing appraisers as provided in I.C. 32-24-1-7(c) to assess the damages, or the benefits and damages, as the case may be, that the owner may sustain, or be entitled to, by reason of the acquisition and to file a report as provided for in I.C. 32-24-1-9."

(7) "If exceptions are filed under I.C. 32-24-1-11, then an Order scheduling a trial on the issue of assessment of benefits and damages" could have been issued.

The Praecipe for Hearing on Condemnation filed March 4, 2013, stated that the Defendant "may file objections to these proceedings, if any, not later than 30 days after the service of the Order setting the hearing, all as provided by I.C. 32-24-1-6 and 32-24-1-8."

The March 6, 2013, Order Setting Hearing and Notice "commanded" the Defendant "to appear before the Court on the 27th day of March, 2013, at 3:30 o'clock p.m." The Defendant was allowed to "show cause, if any, it may have why the property sought to be acquired in the Complaint for Condemnation filed by the City of Lebanon should not be acquired." The Defendant could have filed "objections to these proceedings, if any, as provided in I.C. 32-24-1-8, not later than 30 days after being served with this Notice."

A Motion to Dismiss was filed March 26, 2013, "because the Defendants have agreed to the taking."

A March 26, 2013, Order Dismissing Complaint asserted that "the parties have reached and amicable resolution."

The City of Lebanon paid $139 in court costs and paid for two certified mailings..

Case No. 06C01-1303-PL-0199: City of Lebanon versus Edgar V. Cooney Family Limited Partnership
(for the Secure Storage front parking area at 1601 and 1653 Indianapolis Avenue)

The Complaint for Condemnation stated, "The Acquisition Area consists of 0.226 acre, more or less, including 0.077 acre of presently existing right-of-way." The Defendant could "show cause, if any, why the real estate should not be acquired, pursuant to I.C. 32-24-1-6."

A Praecipe for Hearing on Condemnation was filed on March 14, 2013.

A Summons was issued on March 14, 2013.

A March 18, 2013, Order Setting Hearing and Notice to Appear set a hearing date for the 25th day of April, 2013, at 1:00 PM.

A Motion for Enlargement of Time to Answer Complaint was filed April 4, 2013, on behalf of North Salem State Bank, which has a mortgage lien on the Defendant's property.

An Objection to Motion for Enlargement of Time to Answer Complaint was filed April 5, 2013.

The Court denied the request for a time extension to answer the Complaint, and an Order dismissing the North Salem State Bank as a Party was filed April 11, 2013.

A Motion to Vacate the Show Cause Hearing declared that "damages are the only disagreement between the parties" and stated, "The real estate sought should be appropriated in favor of Lebanon, subject to the payment of damages in an amount yet to be determined and as provided  in I.C. 32-24-1-10."

Instructions to Appraisers were filed May 29, 2013, and stated, "The value of the real estate shall be determined as of March 26, 2013." The appraisers were instructed to establish "fair market value" and "determine the amount of damages."

Jerry Alexander, Jack Lawson, and Gene Ploughe were were appointed appraisers on June 4, 2013. 

The July 10, 2013, Report of Appraisers (using appraisals from, Jerry Alexander and Jack Lawson) established  a total value of $11, 400 with $7,800 for the fair market value of real estate, $3,500 for the fair market value of the improvements, zero damages to the residue of the Defendant's real estate, $100 damages caused by construction, and zero benefits. The total value was accepted and an Order Transferring Real Estate was filed September 12, 2013.

The City of Lebanon paid $139 in court costs and paid for two certified mailings. Jerry Alexander and Jack Lawson were paid $2,000 each for their appraisals - a total of $4,000. 

Case No. 06C01-1303-PL-0174: City of Lebanon versus RM Petroleum RE LLC
(for some vacant gas station land at 1930 Indianapolis Avenue)

The Acquisition Area consists of "0.684 acre, more or less, including 0.161 acre of presently existing right-of-way."

An Order Dismissing Complaint was filed July 5, 2013.

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This page was last updated on 02/17/14 .