More on the Harrison Square Park and Downtown Stadium

After reading about the Downtown Stadium, something did not quite square with me. Jason Freier's, one of HardCapital owners fought to protect residents from eminent domain. Matter of fact, Freier was involved with the NAACP filing of an amicus Brief on the Kelo v. London decision. Yet here in Fort Wayne, a baseball stadium was going to displace some family with the taking of property to give to a private developer. But if it is not called eminent domain perhaps that justifies the deal. It now made sense why Greg Leatherman was going to door to door, cutting let's make a deal with homeowners. Leatherman, Redevelopment Director, was trying to prevent an eminent domain takeover to avoid perhaps offending one of the owner's of the Wizard, Mr. Jason Freier, himself.

Unlike the legal stealing of property that occurred under the Southtown Mall, (currenlty called SouthCentre) deal that used eminent domain. Leatherman posed as an undercover real estate agent by purchasing property in an underhanded business deal, to advoid the ugliness of eminent domain. The act could be viewed as a constructive condemnation of the area land that was marked for acquiescence by the city for the private developers. This would save money for the developers and the city.

The reasoning given behind the sneaky deals was to save the taxpayers money. Or was it? However, the sneak attack could be perceived as a way of circumventing Engrossed House Bill 1010 which required that property taken from such property owners should be paid 150% of its value.

This information was to be disclosed to those owners whom property would be taken and given to another private owners. Indiana Legislators create legislation as protection for homeowners from corrupt elected officials. Read the synopsis below, I really like the part about the attorneys involved in such deals receiving a flat fee up to $25,000. Who are some of the attorneys who were involved in this deal!?

Synopsis: Eminent domain. Requires a condemnor, before proceeding to acquire property by use of eminent domain, to: (1) establish a proposed purchase price; (2) provide the owner with an appraisal or other evidence used to establish the proposed purchase price; and (3) conduct a good faith negotiation with the owner of the property.

Requires a condemnor, except the department of transportation (department), certain utilities, and certain other persons, to proceed to acquire the property by use of eminent domain not more than two years after the condemnor submits a written acquisition offer to the owner of the property.

Requires the department, certain utilities, and certain other persons to initiate eminent domain proceedings not more than six years after the department, utility, or other person submits a written acquisition offer to the property owner.

Requires two of the three appraisers appointed under the eminent domain law to be: (1) licensed under the law concerning real estate brokers and salespersons; and (2) residents of Indiana. Extends certain deadlines under the eminent domain law.

Provides that if a condemnor fails to: (1) take possession of property the condemnor acquired though the use of eminent domain; and (2) adapt the property for the purpose for which it was acquired; not later than six years after the payment of the award or judgment for damages occurs, the condemnor forfeits all rights in the property as if the procedure to take the property had not begun.

Establishes procedures for using eminent domain to transfer ownership or control of real property between private persons for uses that are not public uses, including: (1) limiting the use of eminent domain only to certain types of property; (2) requiring mediation; (3) requiring that the acquisition of the property will accomplish more than only increasing the property tax base of a government entity; (4) requiring the payment of a premium to acquire certain types of property; (5) requiring the condemnor to pay the attorney's fees of certain owners; and (6) requiring the payment of certain other damages, if applicable, including business losses.

Prohibits a state agency or political subdivision from requiring that a lawfully erected sign be removed or altered as a condition of issuing a permit, license, variance, or other order concerning land use development unless the sign owner is compensated or has waived compensation in writing.

Provides that the land owner may receive litigation expenses and reasonable attorney's fees not to exceed: (1) $25,000 in a public eminent domain proceeding; or (2) 25% of the cost of the acquisition in a private to private eminent domain proceeding; if the land owner receives greater compensation at trial than was offered in the most recent settlement offer.

Provides that the landowner is entitled to reasonable attorney's fees if a proposed private to private eminent domain proceeding does not meet certain eligibility requirements. Specifies that certain persons authorized to exercise eminent domain may only do so to accomplish the essential delivery of services. Prohibits libraries from exercising eminent domain unless a specified legislative body in the library district adopts a resolution specifically approving the use of eminent domain for a particular purpose. Prohibits a privately owned cemetery from exercising eminent domain. Establishes a study committee to study eminent domain issues. Makes other changes and conforming amendments.