City of Carmel v. Barham Investments, LLC, et al.

── City of Carmel v. Barham Investments, LLC, et al. ── Case No.: 22A-PL-02399 Court: Indiana Court of Appeals Date: October 30, 2023 Author: Judge Cale Bradford County of Origin: Marion Category: Civil Decision: Reversed and Remanded Judge May and Judge Mathias concur In December of 2017, Carmel exercised its eminent-domain power to construct the Project. In doing so, Carmel filed a condemnation complaint in which it claimed that it needed to acquire three separate property interests from Barham, including 0.017 acres in fee simple, an access-control line, and 0.0111 acres in a temporary right-of-way for construction (“the Property”). Barham objected to Carmel’s complaint, claiming that Carmel had “failed to properly identify all of the ownership interests being extinguished by the taking.