On May 19th, 2010 Governor Mitch Daniels announced that construction of I-69 is ahead of schedule and on-budget. Estimates that I-69 could be built from Evansville to Crane for approximately $700 million are on target because bids are coming in lower than expected and INDOT is using innovative techniques to both design and build the road.
Associated Press. Gov. Mitch Daniels announces that work on Interstate 69 is on-budget and ahead of schedule during a news conference along a completed stretch of the highway, near Indiana 68 north of Evansville, on Wednesday.
As stated in the press release, the governor also announced:
• The Federal Highway Administration (FHWA) has issued final approval of environmental studies for I-69 Section 2, from Oakland City to Washington, and Section 3, from Washington to Crane. INDOT has secured all of the approvals needed to move ahead with highway design and land acquisition activities, and begin construction.
• INDOT has awarded contracts for six miles of I-69 in Daviess County. The bid was 30 percent under estimates. Other contract bids have had similar results, and all have been awarded to Indiana companies.
• Within the next 45 days, the Indiana Department of Transportation expects to publish the Draft Environmental Impact Statement for I-69 between Crane and Bloomington. Construction could start as early as summer 2011, with all 27 miles underway by the end of 2012.
• Over the next seven months the Indiana Department of Transportation (INDOT) plans to bid nine contracts, forming a combined construction zone that will measure roughly 400 feet wide by 65 miles long, and stretch across Gibson, Pike, Daviess and Greene counties. Four of the contracts will combine highway design and construction to condense the overall delivery time-line.
The construction of I-69 is requiring the acquisition of a substantial amount of private property. With all the media and excitement surrounding this project, we quickly forget about those property owners who are losing sizeable portions of their business, farm land, and their homes. Are these people being treated fairly during the process?
Our firm is working closely with Sever Storey to represent a significant number of property owners who are receiving much less than what they are entitled to receive by law. Remember, although the government has the right to take property for this project, the law requires them to pay full market value for the property. If you’re a property owner affected by this project, INDOT will make you an offer, and it will likely show you an appraisal and tell you it represents fair market value. But, as a property owner, how do you know that this is an accurate assessment of the property taken and damages done to any remaining land?
Through careful analysis of INDOT’s appraisals and offers, we’re seeing that some property owners are not being fully compensated for their mineral rights. Additionally, we’re seeing that the new I-69 will bisect farm land thus impacting a property owner’s access to their own land, or resulting in portions of landlocked property. These issues are not being accurately assessed in some appraisals. We’re also finding that some property owners will have drainage issues that were overlooked in INDOT’s appraisal, as well as incorrect comparables used when determining the value of property taken.
Many property owners have told us that INDOT offered them a 10% bonus if they accept their offer and elect not to pursue additional damages. While this bonus might seem like a nice incentive initially, you might want to call an eminent domain attorney for a free case analysis to determine what your true damages are. You might be entitled to more than just an additional 10%. Read more about eminent domain and Indiana eminent domain law.
Below is a rough summary of the property acquisition timetable. Keep in mind this is an estimate based upon conversations with affected property owners and interactions with officials at INDOT; this info might not be true in all cases:
1.Property acquisition is complete in the Haubstadt, Fort Branch, Montgomery, Elnora, and Plainville.
2. Most property owners in Oakland City have had appraisals and some have received offers. Some owners mentioned that appraisals were conducted before the first of the year and have yet to year from INDOT.
3. Property owners in Washington for the most part have appraisals, some have settled and some are waiting for an offer.
4. For the most part, property owners in Petersburg have yet to hear anything from INDOT.
5. Property owners affected by Tier 2 sections 4, 5, and 6 likely have heard nothing. The environmental impact study for section 4 is close to being approved. Once that is done, an alternative can be chosen. The EIS for section 5 has not been approved yet and no date is set. Minimal work is being done on these three sections. They are temporarily on hold while INDOT concentrates on sections 1-3.
If you are affected by the project and would like a free consultation, or if you have questions regarding the project and your rights, feel free to give us a call at 866.339.7242.
For more information on the project, and to view the design layouts of the project, visit INDOT’s I-69 project website.
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There is still substantial controversy about and opposition to the I-69 project in Indiana. See http://www.hecweb.org/issues/21st-century-transportation/understanding-the-issues/rethink-i-69/