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Saturday, December 24, 2011

Ind. Gov't. - "Clark airport loses eminent domain lawsuit, owes $600,000"

Ben Zion Hershberg of the Louisville Courier journal reported this story yesterday afternoon. Some quotes:

The Clark County Regional Airport has lost an eminent domain lawsuit — leaving it and the county owing more than $600,000 for about 73 acres the airport took in 2009 to prepare for a runway expansion.

The airport already has paid about $200,000 for the land, based on appraisals that it and a trial court had obtained.

“It is very concerning in the situation we’re in,” said Clark County Council President Kevin Vissing, referring to the county’s continuing financial problems. “It keeps pouring on.” * * *

In a Clark Circuit Court trial last year, a jury ruled that the land was worth $865,000, based largely on the testimony of an appraiser for Dreyer, who pointed out that it is zoned for light industrial use even though it’s now farm land.

Appraisers for the airport said the land was worth $205,000 to $260,000 because it was in a flood zone and could be used only for agricultural purposes.

The airport asked the Indiana Court of Appeals to overturn the circuit court ruling. But on Dec. 14 the appeals court upheld the award, saying the jury properly based its judgment on the “highest and best use” of the property.

Alan Conner, a member of the board of directors that oversees the airport, said there are no plans to appeal the decision.

Here is the Dec. 14, 2011 COA NFP opinion, Clark County Board of Aviation Commissioners v. Margaret A. Dreyer.

Posted by Marcia Oddi on December 24, 2011 09:29 AM
Posted to Indiana Government