Indiana legislature considers eminent domain bill

A new bill could make Ball State and other state universities pay more when buying properties.

Doug Eckerty, R-Yorktown, proposed a bill that would put more stipulations on state-funded schools using eminent domain.

"Under the current statute, if a university is going to purchase a piece of property from a business owner, the only thing they are obligated to pay their people for is the appraised value of the building and the ground that it sits on," he said. "That's not the total value of a business ... All they have to pay for is the building and the ground so effectively what [they've] done to somebody is put them out of business. All we're trying to do is level the playing field."

The three stipulations that Senate Bill 54 emphasizes on is that universities will have to pay property owners the market value of the property, all improvements pertaining to the property and other damages the property owner is entitled.

If an independent buyer wanted to buy a business from the owner, all of these stipulations would be taken into account. The offer made to buy the property would be three-to-five times the annual earnings of the business, Eckerty said.

Ball State, Indiana State University, Indiana University, Ivy Tech Community College, Purdue University, University of Southern Indiana and Vincennes University would be affected by the bill.

Joan Todd, executive director of public relations, said Ball State opposes the bill.

"Eminent domain by definition indicates that the public interest is at stake and is a first consideration," she said. "This bill would restrict and single out universities from exercising eminent domain in situations where it has been appropriate. ... It just doesn't seem reasonable to single out one public entity over others in that case."

If passed, universities would also have to make a presentation to the state budget committee and get approval for the actions requested, Eckerty said.

"And that's consistent with other things that we do with universities," he said. "At present time, any state-funded university that wants to build a building of any kind that is going to cost more than $100,000, they have to get approval from the state budget committee."

Todd said Ball State can't speculate what the outcome of the bill would be since the bill was recently introduced.

Eckerty said he doesn't expect the bill to have a dramatic effect if passed.

"This is just another mechanism for checks and balances to make sure everybody is treated fairly," he said. "It is just a question of fairness and equity. That is all there is to it."  


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