Franciscan Alliance, Inc., et al. v. Indiana
Takings FifthAmendment DueProcess
When the government undisputedly takes a real property right, is a landowner entitled to just compensation from the imposition of a project as a whole, or must just compensation solely be directly tied to the loss of specific property rights?
The State of Indiana undisputedly took the Petitioners property through eminent domain proce dures to complete a road project. The completed project changed the Petitioners valuable commercial uses into far less valuabl e residential uses. A jury awarded Petitioners significant monetary damages based upon evidence arising from damages caused by the project as a whole. Ultimately, the Indiana Supreme Court reversed the award, voiding all just compensation holding that just compensation must arise from the loss of a particular property right as the Petitioners had no property right as to the project as a whole. The question presented is : When the government undisputedly takes a real property right, is a landowner entitled to just compen sation from the imposition of a project as a whole, or must just compensation solely be directly tied to the loss of specific property rights?