Green Fields LTD v. Hancock County, Indiana, acting by and through The Board of Commissioners of Hancock County, Indiana (mem. dec.)
29A04-1607-PL-1649
Ind. Ct. App.Mar 29, 2017Background
- Green Fields Ltd. owns ~89 acres in Hancock County bisected by County Road 300 South and Brandywine Creek; County sought ~3 acres (north) and ~1 acre (south) in fee simple plus temporary R/W for bridge improvement.
- County retained appraiser Kenneth Stephenson, who inspected the property and opined fair market value of the Acquisition Property was $17,900; a second appraiser, Joseph Traynor, reviewed and agreed.
- County sent a uniform written offer of $17,900 with the appraisal; Green Fields countered at $70,803; County later offered $19,613 and negotiations stalled.
- County initiated condemnation proceedings; Green Fields objected, alleging (1) County cannot acquire fee simple title and (2) County failed to make a good-faith purchase effort because the appraisal was defective and negotiations flawed.
- After an evidentiary hearing the trial court overruled the objections, ordered appropriation, appointed appraisers, and Green Fields appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether County may take the Acquisition Property in fee simple | Green Fields: County lacks authority to acquire fee simple; must justify fee simple taking further | County: Statute permits taking entire fee simple when necessary for public use; bridge improvement is public use | Court: Fee simple taking permitted; no need for additional justification absent fraud or bad faith |
| Whether County made a good-faith offer/effort to purchase pre-condemnation | Green Fields: Offer not in good faith because Stephenson’s appraisal was defective and negotiations relied on it | County: Offer met statutory elements—independent appraisal, uniform offer letter, proposed price, appraisal provided, and good-faith negotiation | Court: Offer and negotiations were good faith under Wagler; appraisal flaws were not fatal |
Key Cases Cited
- Knott v. State, 973 N.E.2d 1259 (Ind. Ct. App. 2012) (scope of judicial review in eminent domain; condemning authority may take fee simple when statutory requirements met)
- State v. Dunn, 888 N.E.2d 858 (Ind. Ct. App. 2008) (two-phase structure of eminent domain proceedings: summary phase and damages phase)
- Wagler v. W. Boggs Sewer Dist., Inc., 898 N.E.2d 815 (Ind. 2008) (elements that establish a pre-condemnation offer as made in good faith)
- Cemetery Co. v. Warren Sch. Twp. of Marion Cty., 139 N.E.2d 538 (Ind. 1957) (courts will not question wisdom of public taking absent fraud or attempt to effect private use)
- State ex rel. Bd. of Aviation Comm’rs of City of Warsaw v. Kosciusko Cty. Super. Ct., 430 N.E.2d 754 (Ind. 1982) (landowner may file objections during the summary phase under the applicable eminent domain statute)