Taft Secures Appellate Win Construing Eminent Domain Law

On March 6, Taft won affirmance of a trial-court order construing Indiana’s eminent domain statute. The City of Noblesville exercised its eminent domain powers to make way for a road project designed to significantly reduce traffic through its downtown. Raylu Enterprises sought compensation for harm to its business on top of payment for its real estate. Indiana law has traditionally rejected such compensation, but Raylu claimed a 2002 statutory amendment abrogated that line of cases. The Indiana Court of Appeals disagreed in a published opinion adopting Noblesville’s argument that the 2002 amendment was part of a broader stylistic recodification that did not alter the substantive law.

Taft lawyers Chou-il Lee and Reid Dickerson represented Noblesville in the trial court. Donnie Morgan took the lead on appeal.

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