It would be nice to understand both the federal and the state positions as it pertains to eminent domain. The City of New London, CT. condemned privately owned real property so it could be used as part of a comprehensive redevelopment plan. New London took private land and gave it to a private developer for private use. The Federal Supreme Court held in a 5-4 decision that the general benefits that the community enjoyed from economic growth qualified such redevelopment plans as permissible "public use" under the Takings Clause of the Fifth Amendment. (Kelo v City of New London) This decision was highly unpopular and caused many states to revisit their own laws regarding the use of eminent domain. Indiana enacted P.L.163-2006 in the year 2006. Indiana did not rule eminent domain could not be used by communities for use as it applies to redevelopment. Indiana defined the circumstances in which eminent domain could be used and put restrictions on its use. Indiana's law restricts the condemnor who exercises the power of eminent domain to acquire a parcel of real property from a private person with the intent of ultimately transferring ownership or control to another private person for a use that is no longer a public use. The projects that do not apply for the general eminent domain laws in the State of Indiana are referred to as private to public to private (ppp) or private to private. A "public use" is government's or general public's possession, occupation and enjoyment of a parcel of property for fundamental governmental services including highways, bridges, airport, ports, certified technology parks, intermodal facilities and parks and the government's leasing of a parcel it owns by a lease with a right of forfeiture of a highway, bridge airport, port, certified technology park, intermodal facility or park and certain utilities. The term does not include the public benefit of economic development, including an increase in tax base, tax revenues employment, or general economic health. Some parcels in a "ppp" area may not qualify for condemnation and must be purchased. To qualify for eminent domain acquisition in a "ppp" area the parcel must be one of the following types. 1-have a structure that is a public nuisance 2- have a structure that is unfit for human habitation 3- have a structure that is a fire hazard or other public safety threat 4-have a structure that is not fit for its intended use because of infrastructure deficiencies 5- is a vacant or abandoned parcel in a substantially developed neighborhood in a nuisance type condition that has not been remedied within a reasonable time after notice 6- has delinquent taxes exceeding the assessed value 8- is abandoned It should be noted that a highway is defined as any road that is open to everyone; public road, a main road; thoroughfare. The property that falls within the proposed new route of 16th street and the Georgetown Road parcels are clearly allowed under Indiana eminent domain law because their defined use falls under the term of "public use". If you review the definition of both the federal and the state laws as they pertain to the use of eminent domain it is clear that the Town of Speedway and the SRC have not violated anyones fifth amendment rights. The property defined as roadway in the master plan clearly qualifies under law of eminent domain and the area designated as a technology center under the master plan also qualifies under Indiana law. All efforts have been made by the Town of Speedway and the SRC to conform to the letter of the law. To imply the forfeiture of property will be tied up in court for many years is another fear factor thrown out there. New London already did our heavy lifting by securing a precedent in law that applies to redevelopment areas. Indian law has been clearly defined and the issue will not be tied up in prolonged court battles in state court either. We can actually thank Kelo v City of New London for minimizing our own legal hurdles. John P. Rust