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Title: Indiana Eminent Domain
Source: [None]
URL Source: http://www.midwestpopulistamerica.c ... nforce-eminent-domain-dispute/
Published: Jul 19, 2008
Author: Octavia
Post Date: 2008-07-19 18:12:20 by octavia
Ping List: *Destroying the Middle Class*     Subscribe to *Destroying the Middle Class*
Keywords: None
Views: 742
Comments: 37

My first attempt at a post so I hope I link right.

I ran into this article while researching eminent domain in Indiana.

My husband and I were notified on June 26 that the town we live near is annexing 1500 acres to include my 70 acre farm. Soon thereafter, we were notified that the mayor, although we are not yet under his juristiction, needed to meet with us about plans involving our farm.

We now have more info. A neighboring landowner plans on developing a medical/commercial complex next to our farm. We are to be placed in a TIF(Tax Incremental Finance) district designated for economic development to increase the property tax base. The neighbors' plan requires 5 to 10 acres for building and another 10-12 acres to allow for a county gravel road to be paved and which will be rerouted in a large S-curve through my farm so as to maximize the neighbor's frontage space. The meeting on 8/22 is to fully present the plan and for us to present any plans which we might have for developing the property so as to maximize its economic potential. Unfortunately, it is rolling hills, grasslands, orchards, ponds and a farm rather than concrete and steel.

Our lives have been shattered

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I typed my link wrong and do not know how to edit. Correct address is: http://www.midwest-populistamerica.com/articles/environmentalists-fear- intervention-of-police-swat-teams-in-order-to-enforce-eminent-domain-dispute/

octavia  posted on  2008-07-19   18:25:22 ET  Reply   Untrace   Trace   Private Reply  

Environmentalists fear intervention of police swat teams in order to enforce Eminent Domain dispute

Within the last week, state and local swat teams were put on alert and laid plans to disguise themselves as contractors coming on Dan and Tina O’Vadka’s rural Miami County Indiana property to remove many years of tree growth[1] for City of Peru Municipal Airport purposes and to, as related to Dan by longtime very close personal friend and Pastor, Rick Abbott of Rochester Indiana, to see if O’Vadka would shoot at them for coming on the property. Pastor Abbott, having removed all weapons from the O’Vadka home at Mr. O’Vadka’s request though his intent was the same, would learn this after intervening in this ugly situation and beginning discussions with local and state law enforcement. The dispute centers on municipal claims that that this rural Miami County property, in excess of four miles from the city, is in the cities airport zone and under the jurisdiction of municipal authorities. Yet, the county admits the property is under their jurisdiction but claim to have nothing to do with the airports “fly zone”.[2] No violence has occurred, that is, as committed by the O’Vadka’s. You be the judge.

Surely law enforcement officials could easily verify these claims of municipal zoning and territorial jurisdiction before planning a military style assault on a man and wife, couldn’t they? How much of a real threat could a retired totally disabled man who has extreme difficulty walking any more than the distance through an average “superstore” and can not squat down due to his knees, actually pose? O’Vadka has not had any brush with the law in nearly 30 years. Could it be that both O’Vadka and Pastor Abbott saw the potential for extreme violence and misrepresentation and took these steps preemptively? Abbott later testified to many violent aspects of this situation and raised many troubling issues to law enforcement and the local court. O’Vadka would be summoned into court on civil contempt charges as posing a threat of armed resistance to a court order.

In one of three law enforcement visits which later court testimony and affidavits show as essentially friendly, a sheriff’s officer serving contempt of court papers was invited into the O’Vadka home by Mrs. O’Vadka while Dan was sleeping. The officer saw a rifle, shotgun, handgun, and ammunition in the O’Vadka’s living room. Abbott’s discussions with law enforcement revealed that swat teams had been alerted and plans made. Pastor Abbott, having knowledge that close friend O’Vadka had been visited by the City’s Chief of Police and informed of that hour long conversation, and whom had also been informed by O’Vadka that he had argued with the County sheriff by phone, intervened, assured law enforcement by sworn affidavit that he had removed all weapons from the O’Vadka home, and then began his discussions with law enforcement officials.

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christine  posted on  2008-07-19   18:35:36 ET  Reply   Untrace   Trace   Private Reply  

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