Ruling Forces Sale of Land
Decision means work on bridge may begin in summer
Hendricks County officials hope to begin work this summer on a new bridge into White Lick Estates, but still need to settle legal issues stemming from an eminent domain dispute.
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A judge last week ruled in favor of the county’s claim of eminent domain, forcing David and Elena Finchum, Brownsburg, to sell 2,300 square feet of their land along White Lick Drive. The county sought eminent domain last year after failing to reach an agreement with the Finchums to buy the land. Governments can use eminent domain to purchase land at market value for public purposes, including building roads. County Engineer John Ayers said the county is awaiting an estimate from three court-appointed appraisers to determine a price. “We had hoped to get work done before spring,” said County Engineer John Ayers. “We are hoping to build it this summer now once the legal issues are all settled.” Either party can still object to the appraisal, though the Finchums don’t plan to fight the issue anymore, Elena Finchum said. Superior Court 5 Judge Stephenie Lemay-Luken sided with the county after the Finchums didn’t respond in writing to the county’s eminent domain complaint, as required by the court’s summons. Elena Finchum said the couple sought the advice of an attorney after receiving the summons. The attorney advised them not to spend money on something they had no chance of winning, Finchum said. The judge ruled in favor of the county and called for three certified appraisers. The appraisers will work together to determine the value of the land and visited the Finchums’ property Tuesday. It isn’t certain how soon the appraisers will get back to the judge on the land’s value, Elena Finchum said. The couple previously rejected two offers by the county, which led to the lawsuit. “It was cut and dry, which we knew going in,” she said. “I just hoped to expose them (the county) because people should know what they have done.” The bridge, built in 1973, needs repair, and county officials say it must be raised to avoid flooding. Water runs over the road once or twice a year. The Finchums, who developed the neighborhood, never disputed the need for a new or refurbished bridge. They claimed the county had better and cheaper options. They also were worried that moving the road closer to their home would lower their property value and cause safety concerns. They had hoped the county would rebuild the bridge where it is or on a piece of vacant land on the opposite side of the road. Ayers said the county considered all options but found taking the Finchums’ land and part of an adjoining property with a number of mature trees to be the most cost-effective for taxpayers. The retired couple developed White Lick Creek Estates, which is north of Brownsburg off County Road 800 North, and has lived in their home since 1976. Despite the legal battle, the Finchums say they don’t plan to move, but they never again would own a piece of land controlled by Hendricks County.
http://www.indystar.com/apps/pbcs.dll/article?AID=/20080201/LOCAL/802010340/1020/LOCAL05
indystar.com
By Josh Duke
February 1, 2008