Court Order - State of Indiana, State of Indiana_11/13/1998.�
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STATE OF INDIANA
COUNTY OF GIBSON
STATE OF INDIANA,
)
) SS:
1
Plaintiff,
v.
PRINCETON MINING COMPANY,
and GIBSON COUNTY, INDIANA,
Defendants
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IN THE GIBSON CIRCUIT COURT
CAUSE NO. 26C01-9802-CP-20
ENTRY AND ORDER
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NOV 1 31998
Cler�k G bson Cir� cui-� Ca�'R
The court-appointed appraisers report that the Defendants are entitled
to total just compensation of ��� ��c¢�C�[ ��07,u1
1�tL(�r�i�p /� Dollars (5 �!l� • ) in this cause.
The Court, having reviewed the record of this cause and being duly
advised, ORDERS the Plaintiff to pay the Clerk of the Court total appraisers'
fees in the amount of � �1J � i.er � G� Dollars
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1$ (lD. Ua ►.
The Court further ORDERS the Clerk of the Court, on receipt of said
amount, to pay each of the appraisers his or her share of the fee recited
above, and to deposit all other amounts received from the Plaintiff in an
interest-bearing trust account pending further order of the Court.
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The Clerk of the Court is further ORDERED to send a copy of the
"Report of Appraisers" and this "Entry and Order" to the Plaintiff, all the
Defendants and the attorneys of record by United States certified mail.
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STATE OF INDIANA
COUNTY OF GIBSON
STATE OF INDIANA,
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) SS:
1
Plaintiff,
PRINCETON MINING COMPANY,
and GIBSON COUNTY, INDIANA,
Defendants.
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IN THE GIBSON CIRCUIT COURT
CAUSE N0. 26C01-9802-CP-20
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NOV 5 1998
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Clerk Gio;on �ircuit Court
REPORT OF APPRAISERS
The undersigned appraisers, being duly appointed, sworn and
instructed by the Court, have honestly, fairly and impartially assessed the
total amount of just compensation due the Defendants in this cause to be as
follows:
1. On February 20, 1998, the "fair market value" of the land taken by
the Plaintiff in this cause was
F � uundr � Dollars ($ 1, 400 . 00 ),
2. On February 20, 1998, the "fair market value" of the
improvements, if any, to the land taken by the Plaintiff in this cause was
Dollars ($ none ).
3. On February 20, 1998, the amount of damage, if any, to the
residue of the Defendant's real estate caused by the Plaintiff's appropriation
in this cause was
Dollars ($ none
4. The amount of other damages, if any, that will be caused by the
construction of the Plaintiff's proposed road improvements is
Dollars ($ none �
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5. The value of the benefits, if any, to the residue of the DefendanYs
real estate that result from the Plaintiff's appropriation or will result from the
construction of the Plaintiff's proposed road improvements is
Dollars ($ none ).
6. The total amount of just compensation, which is the residue
damages plus damages resulting from the construction of the proposed road
improvements minus benefits plus the "fair mark�t value" of the land and
improvements taken, due the Defendants �in this cause is
Fourteen Hundred Dollars $1 400 O�ollars
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STATE OF INDIANA
COUNTY OF GIBSON
STATE OF INDIANA,
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) SS:
1
Plaintiff
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PRINCETON MINING COMPANY
and GIBSON COUNTY, INDIANA,
Defendants.
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IN THE GIBSON CIRCUIT COURT
CAUSE NO. 26C01-9802-CP-20
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ocr - 5 1998
�4,�. s,��,
Clerk Gibson Circuit Court
ORDER OF APPROPRIATION '
AND APPOINTMENT OF APPRAISERS
The Court, having reviewed the record of this cause and being duly
advised, now finds:
1. The Plaintiff, State of Indiana, filed its "Complaint for Appropriation
of Real Estate" in this cause on February 20, 1998, and the Defendants
named in the complai�t were served with notice as provided by statute.
2. The Plaintiff's "Complaint for Appropriation of Real Estate"
complies with Indiana eminent domain law, and the Court has jurisdiction
over the subject matter of this cause and the parties named herein.
3. The Defendant, Princeton Mining Company, appeared by counsel in
this cause on March 5, 1998.
4. The Defendant, Gibson County, failed to appear in this cause.
5. The Plaintiff is entitled by law to appropriate the real estate
described as:
A part of the Southeast Quarter of Section 30, Township 2
South, Range 10 West, Gibson County, Indiana, described as:
Beginning at a point on the west line of said quarter section
North 00 degrees 12 minutes 00 seconds West 721 .66 feet
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(722.3 feet by Deed Record 143, page 475) from the
southwest corner of said quarter section; thence, North 00
degrees 12 minutes 00 seconds West 10.00 feet on the west
line of said quarter section to the north right of way line of the
abandoned Chicago and Eastern Illinois Railroad; thence, North
89 degrees 06 minutes 00 seconds East 1 10.88 feet on said
north right of way line; thence, Easterly 23.83 feet on said right
of way line along an arc to the right having a radius of 488.34
feet subtended by a long chord having a bearing of South 89
degrees 30 minutes 07 seconds East and a length of 23.83 feet
to the east boundary of U.S. Route 41; thence, South 14
degrees 27 minutes 30 seconds West 51.37 feet to the south
line of said abandoned reilroad right of way; thence, Westerly
10.22 feet on said south right of way line along an arc to the
left having a radius of 438.34 feet subtended by a long chord
having a bearing of South 89 degrees 46 minutes 04 seconds
West and a length 10.22 feet; thence, South 89 degrees 06
minutes 00 seconds West 1 1 1.49 feet on said south right of
way line to the west line of said quarter section; thence, North
00 degrees 12 minutes 00 seconds West 40.00 feet on said
west quarter section line to the point of beginning, and
containing 0.147 acre, more or less.
Together with the permanent extinguishment of all rights and
easements of ingress and egress to, from, and across the
limited access facility known as U.S. Route 41 and as Project
USR 41(26)RR, to and from the owner's remaining lands where
they abut the above described 0.147-acre parcel. This
restriction shall be a covenant running with the land binding on
all successors in title.
6. The Court should now appoint and instruct three disinterested
freeholders of Gibson County, Indiana, to assess the total amount of just -
compensation, if any, due the Defendants in this cause as a result of the
Plaintiff's appropriation of the above described real estate interests for the
improvement of U.S. Route 41.
IT IS THEREFORE ORDERED that the above described real estate is
condemned; thatl%��Gl/Y�-E-Q L , !,J/1�p �«r�,
and �,{� p�( � , three disinterested freeholders of
Gibson County, Indiana, are appointed to assess the total amount of just
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compensation due the Defendants by reason of the Plaintiff's appropriation;
that these freeholders shall meet at the Office of the Clerk of the Court on
the �_ day of �� , 1998, at 9/�/%'t a.m./�r.,—
and, after being duly sworn by the Clerk and. instructed by the Court, shall
proceed in a body to view the real estate affected by this appropriation; and
that these freeholders shall file one report as to the total amount of just
compensation due the Defendants with the Clerk of the Court on or before
the . o�� day of � (.G'"7fP�r�r �998.
IT IS FURTHER ORDERED that the �Clerk of the Court shall issue a
copy of this "Order of Appropriation and Appointment of Appraisers" to the
Plaintiff, the Defendants, and the attorneys of record in this cause; and that
the Clerk shall senii a notice of the "Report of Appraisers", when filed in this
cause, to the Plaintiff, all the Defendants and the attorneys of record by �
United States certitied mail.
Date: ����lti�
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Judge, Gibson Circuit Court
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STATE OF INDIANA
COUNTY OF GIBSON
STATE OF INDIANA,
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Plaintiff,
PRINCETON MINING COMPANY
and GIBSON COUNTY, INDIANA,
Defendants.
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IN THE GIBSON CIRCUIT COURT
CAUSE N0. 26C01-9802-CP-20
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ocr - 5 �998
�s.���,
Clerk Gibson Circuit Court
INSTRUCTIONS TO APPRAISERS
1. The Court instructs you to assess the total amount of just
compensation due the Defendants in this cause as a result of the Plaintiff's
appropriation of their real estate interests for the improvement of U.S. Route
41 in Gibson County, Indiana.
2. The effective date of your assessment is February 20, 1998.
3. The measure of damages is the difference between the "fair market
value" of the Defendant's real estate before the appropriation and the "fair
market value" of the residue of the Defendant's real estate remaining after
the appropriation.
4. The fact that the Plaintiff has the right to appropriate the
Defendant's real estate for its road improvement project shall not affect your
assessment of the Defendant's total just compensation.
5. In the course of assessing the Defendants' total just compensation
in this cause, you shall consider:
(a) the "fair market value" of the land taken by the Plaintiff;
(b) the "fair market value" of all improvements to the land taken
by the Plaintiff;
(c) the damages, if any, to the residue of the Defendant's real
estate caused by the Plaintiff's appropriation.
(d) other damages, if any, that will result from the construction of the
Plaintiff's proposed road improvements.
(e) the benefits, if any, to the residue of the Defendant's real
estate resulting from the Plaintiff's appropriation or the
construction of the Plaintiff's proposed road improvements.
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6. The Defendants' total just compensation in this cause shall not be
less than the sum of the "fair market value" of the land and the
improvements taken by the Plaintiff. The benefits, if any, to the residue of
the DefendanYs real estate must be offset against damages, 5c and 5d, not
real estate values, 5a and 5b.
7. The term "fair market value" means the price the real estate would
bring after fair and reasonable negotiations between a seller willing, but not
compelled to sell and a buyer willing and able, but not compelled to buy.
8. The term "benefits" means any increase in the value of the residue
of the Defendants' real estate that will naturally and proximately result from
the Plaintiff's appropriation or the construction of the road improvements it
has proposed.
9. In the course of determining "fair market value", you may consider
the highest and best use for the DefendanYs real estaYe. The present use of
the Defendant's real estate is not the only criterion by which value may be
measured.
10. A loss of access is compensable, if there is no other reasonable
access to the residue of the Defendant's real estate. The term "reasonable
access" means any access which permits the highest and best use of the
Defendant's real estate.
1 1. You are the sole judges of the "fair market value" of the
Defendant's land and the improvements thereto, andyouu may use any
accepted method for determining such value. Likewise, you are the sole
judges of the benefits and damages, if any, sustained by the Defendants and
caused by the Plaintiff, and you may use any accepted method to determine
such benefits or damages.
12. You may examine the Plaintiff's plats, blueprints, drawings and _
plans for road improvement Project USR 41126)RR, if this will aid you in
assessing the total amount of just compensation due the Defendants in this
cause.
13. You may examine the Defendants' books and records that pertain
to the subject property, if this will aid you in assessing the total amount of
just compensation due the Defendants in this cause.
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14. The "Report of Appraisers" form, which the Court has provided
for your use, must be exe uted and filed with the Clerk of the Court on or
before the SC( day of i o �iL�_ , 1998.
C� .
Judge, Gibson Circuit Court
Date: �°/��`l�'
PARCQ Z
Ptm�1,ECT USR-411261RtZ
iiOAD U.S.R.41
COUMY :6�$�nf
; SECT ION : 30
;TOYlSHIP : 23
RAtGE : � OYJ• ;
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STATE OF INDIANA
COUNTY OF GIBSON
STATE OF INDIANA,
1
) SS:
)
Plaintiff,
v.
PRINCETON MINING COMPANY,
and GIBSON COUNTY, INDIANA,
Defendants
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IN THE GIBSON CIRCUIT COURT
CAUSE NO. 26C01-9802-CP-20
OATH OF APPRAISERS
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OCT - 5 1998
�,�.s.��
Clerk Gibson Circuit Court
We affirm that we will honestly, fairly and impartially assess the total
amount of just compensation due the Defendants in this cause as a result of
the condemnation described in the "Order of Appropriation and Appointment
of Appraisers" attached hereto and made a part hereof. We further affirm
that we are freeholders of Gibson County, Indiana, and that we have no
interest in the subject matter of this cause or the parties named herein.
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Subscribed and sworn to before me, this J~� day of �1�
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�%��, Gibson Circuit Court
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