Daugherty v. State
| Decision Date | 24 September 1998 |
| Docket Number | No. 42A05-9712-CV-512,42A05-9712-CV-512 |
| Citation | 699 N.E.2d 780 |
| Parties | Bernard DAUGHERTY and Knox County, Indiana, Appellants-Defendants, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
In this eminent domain proceeding, Bernard Daugherty appeals the grant of the State's Motion for Judgment raising the following issue: Whether the trial court erred in allowing the State to unilaterally withdraw its exceptions to the appraisers' report.
We affirm.
On March 16, 1995, the State commenced an eminent domain action to condemn real property owned by Bernard Daugherty, located in Knox County. The State offered to purchase the land from Daugherty for $1,300.00. Daugherty rejected this offer and the State filed a complaint for appropriation of real estate.
The trial court entered an order of appropriation of real estate and appointment of appraisers. The appraisers filed their reports with the trial court appraising the damages to Daugherty resulting from the appropriation to be $4,500.00. The State filed exceptions to the Report of Appraisers on the bases that it overstated the fair market value of the property, overstated the damages to the residue of Daugherty's property, understated the value of the benefits to the residue, and overstated the amount of just compensation due to Daugherty. Daugherty filed no exceptions.
The trial court, sua sponte, referred the matter to mediation on October 22, 1996, pursuant to Alternative Dispute Resolution Rule 2.2. On April 18, 1997, the State withdrew its exceptions and moved for an entry of judgment. Daugherty objected to the motion for an entry of judgment on the grounds that the State must have consent of all parties before withdrawing its exceptions. The trial court held a hearing and found that because Daugherty did not file exceptions to the Report of Appraisers, the Report of Appraisers became conclusive as a matter of law, and there was no issue left for trial. The trial court granted the State's Motion for Judgment and ordered the State to pay $4,500.00 to Daugherty.
Daugherty claims that the trial court erred when it permitted the State to unilaterally withdraw its exceptions to the appraisers' report.
The procedures for the exercise of an eminent domain action are governed by IC 32-11-1-1 through 32-11-1-13. The process has been summarized as follows:
"First, when the complaint is filed a notice is issued and served on the landowner requesting his appearance at a stated time to show cause, if any he have, why the land should not be appropriated. If he believes he has cause he may file 'objections.' If no objections are filed, or if those filed are overruled, an order of appropriation is entered and three appraisers are appointed and ordered to file their report appraising the damage to the landowner resulting from the appropriation.
Second, within twenty days of the date the report of appraisal is filed, either or both parties may file 'exceptions' to the appraisal. If timely filed, exceptions raise the issue of the amount of the landowner's damages.
That issue is tried de novo by the judge, or by a jury if timely requested. If no exceptions are timely filed the appraisers' award becomes final."
Lehnen v. State, 693 N.E.2d 580, 581-82 (Ind.Ct.App.1998), trans. denied (footnotes omitted) (quoting Cordill v. City of Indianapolis Through Dep't of Parks and Recreation, 168 Ind.App. 685, 687, 345 N.E.2d 274, 275 (1976)). The exceptions are pleadings which are required in an eminent domain action to form the issues on damages. State ex rel. City of Lebanon v. Boone Superior Court, 253 Ind. 549, 551, 255 N.E.2d 660, 662 (1970).
We begin our analysis with an examination of State v. Blount, 154 Ind.App. 580, 290 N.E.2d 480 (1972). In Blount, the State filed a condemnation complaint, appraisers were appointed, the appraisers' report was filed, and the State filed exceptions to the report and demanded a jury trial. Blount filed no exceptions. The trial court entered an order setting the matter for jury trial. After several postponements of the trial date, all of which were caused by the State, the State moved to dismiss or withdraw its exceptions. The trial court overruled the motion, recognizing that even though a party to a condemnation action may ordinarily withdraw its exceptions to the appraisers' report, "[t]he State having sought a jury trial, and having agreed thereto via the pre-trial order, cannot be heard many months later, to complain of being held to that which it sought and to which it agreed to be bound." Id. at 583-84, 290 N.E.2d at 483. In reaching its decision, the trial court noted that Blount had invested both significant time and effort in preparing for trial and it would have been unfair to allow one party to unilaterally withdraw its exceptions. Id. at 584, 290 N.E.2d at 483. The Blount court ruled that "it is unnecessary that a land-owner file exceptions as a condition precedent to his right...
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State v. Bishop, 32S01-0302-CV-72.
...a pretrial order or other controlling order, a party may withdraw its exceptions to an appraisers' award."). In Daugherty v. State, 699 N.E.2d 780 (Ind.Ct.App.1998), the Court of Appeals recognized that the practical effect of these cases was to place the decision whether to grant or deny t......
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State v. Bishop
...case. Indiana Code Sections 32-11-1-1 through XX-XX-X-XX govern the procedures for the exercise of eminent domain.2 Daugherty v. State, 699 N.E.2d 780, 782 (Ind.Ct.App.1998), trans. denied. The process set forth in these statutes has been explained as "First, when the complaint is filed a n......
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GASICH v. E. CHICAGO REDev. Comm'n
...judge, or by a jury if timely requested. If no exceptions are timely filed the appraisers' award becomes final. Daugherty v. State, 699 N.E.2d 780, 781-82 (Ind. Ct. App. 1998), trans. denied (quoting Lehnen v. State, 693 N.E.2d 580, 581-82 (Ind. Ct. App. 1998), trans. denied) (citations and......