By DANIEL SUDDEATH
New Albany-Floyd County Parks Department attorney Rick Fox renewed a motion last week calling for the courts to appoint appraisers to determine value of land over a contested eminent domain case.
David Lind is one of several property owners opposed to the construction of an access road from Budd Road to what is planned to be Woodlands Park.
As designed, the road would provide pedestrian access to the nature reserve from a parking lot several hundred feet away. It would be paved, with 4 feet designated for walkers and 6 feet for vehicles.
While the parks department controls the acreage for the park, it needs to acquire property from Lind and others to upgrade the road.
It’s a gravel path right now, but Lind said paving it would decrease its size and make it dangerous. There wouldn’t be enough space for pedestrians and large trucks to share, as the surrounding woods are logged resulting in transport vehicles frequently on the road, Lind said.
The plan doesn’t make any sense to Lind, who said he doesn’t want to be part of potentially a deadly accident. He added with the downsizing of the road, getting fire trucks or ambulances to the park would be difficult at the least.
“If I thought it was a safe and useful and well-thought-out plan, I would definitely be involved,” Lind said.
But in a hearing over the eminent domain proposal, an expert testified to the security of the park department design, Fox said.
“That expert indicated that based upon his evaluation, that there would be adequate safety for use of the road the way the parks department is asking to use the road,” Fox said.
“The only other testimony in court during the trial that we had was testimony of opinions from individuals.”
Another issue is a $250,000 grant for Woodlands Park from the Indiana Land and Water Conservation Department. The state extended the deadline to use the grant once, and park officials doubt it would be extended again if not used this year.
About $50,000 of the grant has already been spent on design costs.
Lind believes the process was hurried through in part because of the grant deadline.
There’s some confusion as to how many owners have a stake in the access road, a matter that could still come before the court. But based on Fox’s motion, Floyd County Circuit Court Judge Terrence Cody could appoint two appraisers and what’s titled a free holder to determine the value of the property and present the total to the parks department.
A free holder is an individual with extensive experience in real estate. If the motion is granted by Cody, the parks department would pay the court the appraisal amounts and it would have proprietorship of the property.
Landowners could file for another case to dispute the amount of the settlement.
Lind said the basic premise of private ownership is at stake, with eminent domain allowing the government to take his land despite objections based on safety and not money.
“This is the most ludicrous use of this power I can think of,” he said. “I think we need to reassess the laws and the Constitution.”
But as far as eminent domain goes, Fox said the Woodlands Park case is pretty standard.
“This is nothing out of the ordinary,” Fox said. “In fact, this is what Indiana law contemplates.”
But Lind contends the parks department has not been responsive to legitimate concerns over public safety as it relates to the access road.
“I feel like I objected to the rules not being followed and I was overruled,” he said.
