Appeals court affirms ruling in favor of state in Interstate 69 land dispute
Greene County couple loses I-69 case
10:24 AM, Oct 11, 2012
The Indiana Court of Appeals affirmed Thursday a lower court’s ruling that the state’s seizure of a couple’s land in Greene County by eminent domain to make way for Interstate 69 construction was proper.
William and Janice Boyd had argued that federal environmental statutes related to the project had not been satisfied, but the court ruled that the I-69 project had been found “in compliance at multiple steps along the way.”
The state had offered $51,700 for the land, but the couple did not agree with the offer. The state then took the land under eminent domain proceedings.
“The Boyds do not argue that the state fraudulently appropriated the land for a private purpose. Rather, they claim only that the state does not need the amount of land condemned for the I-69 project,” part of the court ruling read. “This is not a proper subject for judicial review.”
The appeals court ruling concluded that “none of the Boyds’ claims are reviewable in eminent domain proceedings.”