The Green Mouse received this from the citizen activists on Mt. Tabor Road.
Mt. Tabor Rd. Residents (and all other concerned neighbors),
Please mark your calendar for this Monday, March 4th at 7 pm as the City Council will be discussing the Mt. Tabor Rd. project. Al Knable has drafted a resolution requesting the proposed sidewalks on the northern side of Mt. Tabor Rd. be removed from the plans. IN DNR told the City and its engineers to not build on the northern side of the road and residents have stated they don’t want the sidewalk. Since the administration has ignored all involved, the City Council is stepping in and making its request known.
If this resolution is passed it will be important to discuss this change with your attorney as the City will no longer need 10’ of land for a grass buffer and sidewalk. See Indiana Codes:
IC 32-24-1-15 Forfeitures; failure to pay damages or take possessionSec. 15. (a) If the person seeking to take property under this article fails:(4) to take possession of the property and adapt the property for the purpose for which it was acquired not later than six (6) years after the payment of the award or judgment for damages, except where a fee simple interest in the property is authorized to be acquired and is acquired; the person seeking to acquire the property forfeits all rights in the property as fully and completely as if the procedure to take the property had not begun.(b) An action to declare a forfeiture under this section may be brought by any person having an interest in the property sought to be acquired, or the question of the forfeiture may be raised and determined by direct allegation in any subsequent proceedings, by any other person to acquire the property for a public use. In the subsequent proceedings the person seeking the previous acquisition or the person’s proper representatives, successors, or assigns shall be made parties.[Pre-2002 Recodification Citation: 32-11-1-11.]As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.13.IC 32-24-2-17 Attorney’s feesSec. 17. If applicable, a landowner who incurs attorney’s fees through the exercise of eminent domain under this chapter is entitled to reasonable attorney’s fees in accordance with IC 32-24-1-14.As added by P.L.163-2006, SEC.14.IC 32-24-1-14 Costs of proceedings; litigation expensesSec. 14. (a) Except as provided in subsection (b), the plaintiff shall pay the costs of the proceedings.
Attached are the minutes from the last council meeting as well as the proposed resolution.
Monday, March 4, 2019 At 7:00 P.M.
Regular Council Meeting
Third Floor Assembly Room