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Speedway council authorizes eminent domain option to keep Crawfordsville Road pedestrian project on schedule

3004674 · April 16, 2025
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Summary

The Town of Speedway council approved a resolution authorizing the use of eminent domain as a last resort to secure one remaining parcel for the Crawfordsville Road pedestrian enhancement project, citing unresponsive property owners and a June construction start date for the project bid.

The Town of Speedway Town Council on April 14 approved a resolution authorizing the exercise of eminent domain authority as a contingency while the town seeks a small right-of-way needed for the Crawfordsville Road pedestrian enhancement project.

Town Manager Grant Kleinheins said the council did not take the step lightly and described eminent domain as a tool the town could use only after efforts to negotiate a voluntary sale failed. “Imminent domain is the ability of a government to come in and say your property is worth x,” Kleinheins said, adding the town would still prefer a negotiated settlement.

The resolution authorizes staff to pursue the procedure if the property owner for a parcel at 2148 Augusta Drive — identified in staff remarks as Eagle Creek Court Apartments — continues not to communicate. Kleinheins said the town previously provided the owner a uniform offer and that the owner had not responded within the 30-day period the town uses before escalating.

Kleinheins and Town Attorney Ted Nolting explained the procedural steps if the town files a condemnation complaint: the court can appoint appraisers, the town may deposit the appraised funds with the court and take immediate possession while litigation continues over final compensation. Kleinheins said even if the town files, it can still negotiate and settle before a court order.

Grant Kleinheins told the council the project had been bid with Allco Incorporated and that construction was intended to begin June 1; delays in acquiring the remaining parcel could jeopardize that timeline and the grant funding tied to the project. He described the taking as a “very small” sliver of land that does not involve buildings or residences and said damages would include rebuilding or relocating minor improvements such as driveways where necessary.

Councilor Vince Noblet moved approval of the resolution (recorded as Resolution No. 2025-07 on the agenda); the motion passed on a 5-0 vote.

Kleinheins said the resolution gives the town another negotiating tool and that staff would continue to attempt contact with the owner before using eminent domain.

The council’s vote authorizes staff to proceed with required legal steps but does not mean the town will immediately file condemnation; town representatives said negotiation and settlement remain preferred outcomes.