No. 24-815

Franciscan Alliance, Inc., et al. v. Indiana

Lower Court: Indiana
Docketed: 2025-01-31
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-law eminent-domain government-taking just-compensation land-use property-rights
Key Terms:
Takings FifthAmendment DueProcess
Latest Conference: 2025-02-28
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2025-03-03
Petition DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-05
Waiver of State of Indiana of right to respond submitted.
2025-02-05
Waiver of right of respondent State of Indiana to respond filed.
2025-01-28
Petition for a writ of certiorari filed. (Response due March 3, 2025)

Attorneys

Franciscan Alliance, Inc., et al.
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
State of Indiana
James Allen BartaOffice of the Indiana Attorney General, Respondent
James Allen BartaOffice of the Indiana Attorney General, Respondent