Clarksville sued over property acquisition

Clark County

Discussion

August 27, 2008

Peddler’s Mall owner wants more for property that was taken along Eastern Boulevard

By DAVID A. MANN The News and Tribune Wed Aug 27, 2008, 10:30 AM EDT

Peddler’s Mall owner Lori LaCroix believes she was shortchanged when the town of Clarksville took a portion of her property through eminent domain in July.

A lawsuit to that effect was filed in Clark County Superior Court No. 1 earlier this month.

LaCroix’s was among four parcels taken via eminent domain through a resolution passed by the Clarksville Town Council in late July.

The property was taken ahead of a road project that seeks to widen and modernize Clarksville’s Eastern Boulevard, an area recently marked by town officials for redevelopment.

LaCroix was paid $80,764 for what Clarksville Redevelopment Director Rick Dickman described as about 25 feet of road frontage.

At one point, he said, the possibility of LaCroix donating the property was discussed.

Procedurally, the suit that was filed was merely an appeal to what the town had offered, said Indianapolis-based attorney Rick Malad, who’s representing LaCroix.

“They came up with an amount [through an appraisal] and said, ‘This is what we’re paying you,’” Malad said.

“Lori felt that was insufficient.”

When the amount was discussed, LaCroix sent a letter to town officials requesting more time so that she could have her own appraisal done.

Malad said his client is working on getting that appraisal.

“At this point, it’s simply a fight about money,” Malad said. “As far as I know, this won’t cause a stall” in the project.

Regardless of the lawsuit, Dickman said, the town now owns the property it needs and is moving forward with the project.

Ground was broken on the reconstruction of Eastern Boulevard on Aug. 16. He believes it will take approximately 18 months to complete the work, but the progress is weather-dependent.

Mac Construction, the company hired to do the work, has 24 months to complete the reconstruction.

More than 60 pieces of property had to be acquired in order to make the project possible.

Most of those involved in the acquisition process were cooperative, Dickman said. Some — including Duke Energy, Value City and the Jeffersonville Township Public Library — donated land.

Such had been discussed with LaCroix, Dickman said, with the town claiming that the project will improve her property.

“We feel like Eastern Boulevard Redevelopment will make her property more valuable and more marketable for redevelopment, which it sorely needs,” he said.

Malad said that the financial debate likely will go before a jury to decide upon, depending on the appraisal that LaCroix receives.

Dickman said that in similar cases in the past, a judge has appointed appraisers. If their appraisals come in higher than the town’s, the difference would have to be paid, he explained.