APC Expresses Concerns Regarding SB 208 Involving Eminent Domain
By Maggie Kenworthy
InkFreeNews
WARSAW — During the Kosciusko County Area Plan Commission meeting held Wednesday, Feb. 3, a lot of the discussion revolved around the recently proposed Senate Bill 208.
Assistant Planner Matt Sandy presented the bill to the board. He explained that this bill was introduced by Sen. Blake Doriot and would have a direct impact on planning departments and the platting process.
The synopsis of the bill is written as follows. “Right-of-way and thoroughfares. Prohibits a county from increasing the apparent right-of-way for a county highway by requiring a dedication of additional right-of-way as part of a subdivision play, and requires the county to acquire additional right-of-way through eminent domain. Prohibits a unit of local government from establishing or expanding a thoroughfare by requiring the dedication of private property as part of a subdivision plat, and requires the unit of local government to acquire private property for the establishment or expansion of a thoroughfare through eminent domain. Prohibits a county and a unit of local government from imposing an additional fee on applicants that file subdivision plats in which the county or unit of local government must proceed with eminent domain.”
Sandy showed the board how this would directly impact planning work in the future using Oakwood Hills Subdivision as an example. For this project, the planning department required the developer to provide additional right-of-way to allow for additional turn lanes for public safety purposes. With this bill, the county would be responsible for purchasing the right-of-way through eminent domain, which would cost the county money. Sandy believes that this bill could also apply to interior roads within subdivisions.
Sandy and the planning department had requested a meeting with Sen. Doriot to get a better understanding of the bill. A meeting was set up, but Sen. Doriot had to cancel. No future meeting to discuss the bill has been arranged by Sen. Doriot.
Members of the board, including Boardmember Bob Conley, mirrored Sandy’s concern with the bill.
“I think they’re abusing eminent domain for someone’s personal gain,” said Conley. “Something’s not right and we all know that.”
It was noted that this bill has no co-sponsors. If passed, it would be effective July 1.
The board made a motion that the staff of the planning department would send a formal letter on behalf of the APC. This letter would express opposition to the bill and ask for clarification.
In other news, the board:
- Approved a final plat for Candlewood Estates in Warsaw. This final plat establishes a common area and access point.
- Approved a preliminary plat approval request made by Christopher Graff for lots 1, 13 and 14 in Syracuse North Business Park. This involves moving a sewer easement at the cost of the developer and combining lots 13 and 14 to accommodate for a large building.
- Further discussed the proposed permit fee ordinance. The ordinance will have a public hearing before going before the Kosciusko County Commissioners for adoption.