UPDATED at 3 p.m.
City files eminent domain suit for Hutchinson land
Wednesday, April 16, 2014 11:00 AM
The city of Madison has filed eminent domain proceedings against a Hutchinson Lane homeowner to move forward with proposed road improvements.
Paperwork filed Monday in the Jefferson Circuit Court shows the city is attempting to claim John Hutchinson's land at 122 W. Hutchinson Lane.
The city plans to take the property and use a portion of it to widen Hutchinson Lane to accommodate larger vehicles.
Officials have resorted to eminent domain proceedings because Hutchinson, according to court documents, has not agreed to a price for purchase of the property.
This is not the first legal battle over the property. In 2011, Madison and Jefferson County entered into an inter-local agreement to give the city the ability to acquire land on Hutchinson Lane to widen the road.
Prior to the agreement being finalized, the city offered Hutchinson more than $25,000 for his property. Hutchinson declined and filed legal action against the city and county challenging the validity of the inter-local agreement.
The local courts ultimately ruled that the city's eminent domain filings were not properly carried out under Indiana law because an appraisal had not been given to Hutchinson with the formal offer.
The Madison Redevelopment Commission approved an offer in January 2013 of $54,890 for the property. The original offer in 2011 on Hutchinson's property, according to court records, was $25,107.50.
Tom Dattilo, who represented Hutchinson in previous litigation, said Wednesday morning he has not seen the eminent domain paperwork, but intends to file a motion to dismiss the case.