Indiana Farm Property Condemnation Lawyers
Farmers and agricultural property owners are often the subject of eminent domain matters. Takings from farm or agricultural properties may affect your farm accesses (or limit them), damage or remove culverts, cause flooding issues, damage drainage tiles, cause point row damages, or many other possibilities that make it more difficult and less efficient for you to farm your property. You are entitled to be compensated for these types of damages. If you have livestock, the issues may vary greatly and sometimes the damages are severe. Certain livestock, including hog farms, are highly regulated and require certain access, size and management procedures for waste. These are items that the government or taking agency will often neglect and fail or refuse to offer compensation. Usually, the appraisers hired by the government or taking agency will not have special knowledge of your type of farm or agricultural property.
Farmer / Landowner Rights
Indiana has 53,599 farming operations, and the average size is 272 acres. When the government comes to take part of or all of your land, it is a frightening situation. You’ve worked diligently to work your agricultural land, and now it’s at risk of being taken from you.
Even if you’re offered just compensation, most farmers know that their land is a labor of love without a price tag.
The Fifth Amendment does offer some solace under the “Takings Clause,” which states, “nor shall private property be taken for public use, without just compensation.” What this means is:
- If eminent domain is used to acquire your land, it must be used for public use.
- You have a right to fair compensation.
You can argue for higher compensation or against the acquisition of your land, but every case is unique and requires the experience of a legal professional to know the next steps to take in your situation.
Our firm has helped clients protect their rights for 55+ years.
Schedule a consultation with us to discuss your next steps.
What Should Farmers / Landowners Do After Receiving a Notice?
If you receive notice that your property is necessary for the completion of a government project, such as the expansion of a highway or even an electrical substation, it’s crucial that you contact a lawyer immediately.
Buying agents will, if they haven’t already, contact you and offer you what they believe is just compensation.
Unfortunately, the figure is often low because the adjuster:
- Didn’t come to the property or just drove by
- Used only public records to value your farm
You need to, at the very least, consider the offer and determine if it’s in your best interest. We can help. Our team has decades of experience helping landowners value their property and seek the just compensation they deserve for their land.
The 4 Stages of the Eminent Domain Process
Agricultural eminent domain goes through a similar four-stage process that any property will go through. However, since farmers often have large tracts of land, it’s not uncommon for the parcel to be split rather than acquired in full.
In all cases, the stages that you go through will be something similar to:
- Projection design: A government or government-related project is proposed. For example, a new highway may need to be built, and your land is the only logical location. An engineer will handle the design and determination of the properties that may be affected.
- Appraisal process: An appraiser is hired by the government to assess the value of your property. The appraiser may never step foot inside of your buildings or on your land, so the offer may be much lower than you assume.
- Property offer: You’ll be contacted by a buying agent who offers you a “purchase offer.” You may have little time to consider the offer, and it’s not uncommon for short deadlines to be given.
- Dispute: If the offer is not accepted, a condemnation complaint can be filed with the court.
Hiring a lawyer, especially if you enter the dispute stage, is highly recommended.
Eminent Domain Farm Property Lawsuit Example
An agricultural property owner and farmer in southern Indiana had his property split into two separate tracts due to his land being condemned by the government, one of which was completely landlocked. Initially, the government was going to offer to compensate the farmer for the severance damages caused to the landlocked parcel (an uneconomic remnant). Then the government determined it may be less expensive for it to provide a farm-quality access to the landlocked residue parcel, thinking that would cure the damages. Eventually, the landowner hired an attorney. As it turns out, the access the government provided was subject to severe intermittent flooding and was usually under water during the planting season. It was so bad that standard farm equipment was incapable of traversing the access during the flooding. This rendered the access nearly worthless and the severed parcel extremely unproductive for farming. Luckily for this landowner, he was represented by an attorney who worked with a real estate appraiser and advised his client about his rights prior to accepting the government’s offer for the property.
Example of an Agricultural Eminent Domain Case
Chicago-based energy company Invenergy is hoping to build a 40-mile-long high voltage transmission line into Missouri. Known as the Tiger Connector, the line would send power locally from the Grain Belt Express, which moves energy from wind farms in Kansas and Missouri to Indiana and Illinois.
The president of the Missouri Farm Bureau is calling on the Missouri Public Service Commission to respect the property rights of farm and landowners in the area. If the project moves forward, landowners will be forced to sell their properties.
Although Missouri has passed a bill to reform eminent domain use by private companies, the legislation is not perfect.
Just Compensation for Landowners
Under the Fifth Amendment of the Constitution, property owners have a right to just compensation if their property is taken through the eminent domain process.
In simple terms, just compensation is the fair market value of the property taken by eminent domain, whether whole or part.
- Total property taking: The value of the entire property.
- Partial property taking: The difference between the property’s value before and after eminent domain.
Other factors may also come into play when agricultural land is the target of eminent domain.
Determining the fair market value of your agricultural property is a complicated process that requires expertise. Government-appointed appraisers may make an offer that is far lower than the true fair market value of your property.
Experienced Agricultural Eminent Domain Litigation Lawyers
Your farm is your livelihood. It may have been in your family for generations. To lose your agricultural land due to eminent domain can be an emotional experience. You need the help of an experienced lawyer to ensure you get the just compensation you deserve.
Cohen & Malad, LLP attorneys have extensive experience handling eminent domain and condemnation matters and can help you. Contact us for a free case evaluation and to learn more about your legal rights and options if the government is taking your farm or agricultural property.
