County Wrap: Judge Rules in Favor of Landowners
Special Judge Lloyd Whitis recently ruled in favor of seven landowners who filed suit against Wymberly Sanitary Works, Inc. to stop the utility from running sewer lines across their property by using eminent domain.
In 2004, developer Robert Lynn asked Wymberly to extend sewer service to his proposed subdivisions - Lafayette Ridge and Lafayette Landings, which are both in rural Floyd County, according to the 25-page ruling.
Lynn entered into a wastewater utility service agreement with Wymberly on April 7, 2005, for the proposed developments.
However, as Lynn tried to acquire easements, land owners objected. In the ruling it states Lynn approached landowner Joanna Danzel and offered $5,783 to purchase easements across the Danzel property. Other property owners were also approached and offered money for sewer easement.
However, when those offers were rejected, Wymberly tried to exercise its power of eminent domain, which is to take private property for public use.
In the ruling, Whitis writes that “a utility may not take private property through the power of eminent domain for speculative, monopolistic or other purposes.” He states that Wymberly failed to show an immediate and present need since the Lynn development was not in existence and there was no time frame when it would be developed.
He also writes that Wyberley’s taking of easements from landowners is in bad faith because “Wymberley promised the IURC (Indiana Utility Regulatory Commission) that it would use existing public right-of-way in extending its sewer lines and its proposed route uses only a minimal amount of existing public right-of-way.” The judge also writes that taking the land by eminent domain would work an “unreasonable and irreparable harm and damage to the landowners property when other alternatives are available.”
http://www.news-tribune.net/floydcounty/local_story_019183529.html
NEWS AND TRIBUNE.COM
By CHRIS MORRIS
Chris.Morris@newsandtribune.com
Published January 19, 2008 06:35 pm