In a message dated 1/2/02 2:37:04 PM US Eastern Standard Time, rvkeller@iupui.edu writes: > Well if you mean ANY property, no such thing. A family recently gave the > city of Greenfield a few acres. The city would love to make it into a > park since there is not much park land on the west area of the city. The > problem is that it's land locked. So I would assume that over the years > the property around this area was legally sold to others even though it > would land lock. > > On Tue, 1 Jan 2002, Sue Silver wrote: > > > California has a prohibition against landlocking property. In fact, it > just > > cannot happen because the law doesn't allow it. > > > > Any such thing like this in Indiana? > > > > Sue Silver > > CA > > ----- Original Message ----- > Ryan, If the city of Greenfield doesn't use the rights of Eminent domain to obtain a right of way it's only because they don't want a park at this time or don't have the funds available. they do have the power under the law as follows: Information Maintained by the office of Code Revision Indiana Legislature Service Agency Title 32 IC 32-11 Article 11. Eminent Domain Covered by IC 32-11-1 Thru IC 32-11-12 IC 32-11-2.1 Contains a UNIFORM LAND or EASEMENT ACQUISITION OFFER FORM That the Government agency has to use to start proceedings. The Law is Long, but it is very specific how the city could obtain a right of way to the Acreage to make a Park, if they wanted one. The Officials of the Government Entity wanting a right of way may Legally go on to the Property, more than once if necessary to be sure they want an access rd. and they cannot be charged with Trespassing. I have never agreed with the Law but I guess at times it is necessary. According to the Law they must give the location that they need on the property they wish to cross, the width and length. The matter probably would end up in court, so to be sure of getting what they want, they would pick the shortest route, and the narrowest road feasible. But they must want to let the acreage sit to see if they need it later. They can get access anytime. The above does not cover private property around a cemetery. Although it might be possible for a Trustee to save a Historic Cemetery. This would be for the good of the Public. Jack E. Briles, Sr. jb502000@aol.com Floyd County INPCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585

On Thu, 3 Jan 2002 Jb502000@aol.com wrote: > In a message dated 1/2/02 2:37:04 PM US Eastern Standard Time, > rvkeller@iupui.edu writes: > > > > Well if you mean ANY property, no such thing. A family recently gave the > > city of Greenfield a few acres. The city would love to make it into a > > park since there is not much park land on the west area of the city. The > > problem is that it's land locked. So I would assume that over the years > > the property around this area was legally sold to others even though it > > would land lock. > Ryan, > If the city of Greenfield doesn't use the rights of Eminent domain to obtain > a right of way it's only because they don't want a park at this time or don't > have the funds available. they do have the power under the law as follows: > > Information Maintained by the office of Code Revision Indiana Legislature > Service Agency > > Title 32 IC 32-11 Article 11. Eminent Domain > Covered by IC 32-11-1 Thru IC 32-11-12 > IC 32-11-2.1 Contains a UNIFORM LAND or EASEMENT ACQUISITION OFFER FORM That > the Government agency has to use to start proceedings. > > The Law is Long, but it is very specific how the city could obtain a right of > way to the Acreage to make a Park, if they wanted one. The Officials of the > Government Entity wanting a right of way may Legally go on to the Property, > more than once if necessary to be sure they want an access rd. and they > cannot be charged with Trespassing. > I have never agreed with the Law but I guess at times it is necessary. > According to the Law they must give the location that they need on the > property they wish to cross, the width and length. The matter probably would > end up in court, so to be sure of getting what they want, they would pick the > shortest route, and the narrowest road feasible. But they must want to let > the acreage sit to see if they need it later. They can get access anytime. > The above does not cover private property around a cemetery. Although it > might be possible for a Trustee to save a Historic Cemetery. This would be > for the good of the Public. True, but I was meaning that this once private land was legally allowed to be land locked. From what the paper said there are many homes around it. I am not sure if the city want's to look like big bad government due to forcing the selling of a few homes on the south side.