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Eminent Domain

Representing property owners, condemning authorities, and other parties affected by eminent domain, Ice Miller has regularly participated in large, high-profile public projects throughout the Midwest.

Whether it be advising a Fortune 500 company on damages from the loss of its property due to eminent domain, helping utilities to preserve easements affected by eminent domain, or working with a City or utility to acquire right-of-way in the most efficient and cost-sensitive manner, our attorneys bring decades of valuable experience and knowledge to the engagement.  

As leaders in the eminent domain field, we authored the chapter on Indiana eminent domain law for the “Law of Eminent Domain” published by the American Bar Association.  We also wrote the chapter on eminent domain for the “Indiana Elected Municipal Officials’ Handbook” published by the Indiana Association of Cities and Towns.

We Represent Property Owners
When a property owner is affected by eminent domain, Ice Miller is there to help.  Not only do we have the experience and knowledge to help you receive just compensation for your lost property, but we also regularly advise and assist on other issues that are sometimes equally important, such as
  • Working with the condemning authority to resolve access and signage issues. 
  • Identifying and resolving zoning issues. 
  • Securing relocation benefits.
  • Challenging the taking itself.  
We represent property owners of every sort, including homeowners, farmers, and owners of commercial retail centers, office buildings, national big-box retail stores, national fast-food restaurants, liquor stores, mining companies, outdoor malls, hotels, and churches.  Whatever type of property is at issue and whatever the nature of the taking, Ice Miller is equipped to assist you.

Depending on the case and the property owner’s preference, Ice Miller can offer alternative fee arrangements for property owners affected by eminent domain.  We regularly take eminent domain cases on a contingent fee basis, meaning Ice Miller only gets paid a fee if it secures a settlement or judgment above what the condemning authority initially offered.  We also accept hourly billing arrangements.
We Represent Condemning Authorities

The use of eminent domain by governmental bodies and utilities can be a tricky (and costly) process.  Ice Miller helps condemning authorities navigate this process, drawing on its experience and knowledge to help clients acquire the property they need, while at the same time recognizing and taking into account cost pressures, time constraints, and public perception concerns.  We have helped government authorities and utilities on projects ranging from high-profile stadiums, to utility line extensions, to road expansions.  From pre-project planning and strategy to eminent domain litigation and appellate work, our team has the experience and knowledge to help. 
We Represent Other Parties Affected by Eminent Domain 

The appropriation of property through eminent domain does not only impact the respective landowner and condemning authority – it also impacts those entities, such as utility companies and lenders, that have pre-existing easement and property interests in the subject property.   Ice Miller has the requisite knowledge and experience to protect those property interests and ensure that your ability to utilize those easements to their fullest extent is not compromised.

Representative Experience

Representing Property Owners
  • Helped secure $1.6 million for partial taking involving retail furniture store ($64,600 initially offered).
  • Helped secure $3 million for taking of national fast-food restaurant ($1.8 million initially offered).
  • Helped secure $600,000 for partial taking involving national big-box hardware store ($459,450 initially offered).
  • Helped secure $1.74 million for partial taking involving commercial office building ($1.23 million initially offered).
  • Helped secure $4.75 million for partial taking of retail shopping center ($130,525 initially offered).
Representing Condemning Authorities
  • Represented the Indiana Stadium Authority in land acquisition for Lucas Oil Stadium.
  • Represented an Indiana city in land acquisition for major road project.
  • Represented an Indiana railroad company in land acquisition for extension of a railroad line.
  • Represented Indiana utility in the acquisition of easements for utility lines.
Representing Other Parties Affected by Eminent Domain 
  • Represented large utility company in connection with two separate multi-million dollar natural gas pipeline projects in eastern Ohio that directly impacted the utility’s pre-existing easement interests and already-constructed towers, lines and facilities located in and along the pipeline routes.
DISCLAIMER:  Every legal matter is unique and prior results do not in any way guarantee a similar outcome for future matters.


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