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Real Estate & Property Law
: National Eminent Domain BlogFarmers Not Looking to Sell
By Alan Ackerman
YouNewsTV, October 17, 2007
A local landfill has agreed to pay for a much needed sewer treatment plant near Wyatt. In exchange, the landfill could purchase land from farmers without rezoning.
Waste Management has offered to pay for the $1.5 million plant, but in return, it wants an overlay district created around the Prairie View Landfill.
After criticism, St. Joseph County proposed smaller district.
The plan has undergone a few changes. But the biggest change is a contract is a contract that will require Waste Management to pay property owners for fair market value if an
Waste Management anticipates the landfill will need to expand in another 25 years. Some farmers who live next door to the landfill do not want to sell.
-Forcing farmers to lose the right and benefit of owning a farm with potential for other development in the future because of proximity to the waste site does not fulfill the basic requirement of full compensation clauses of either the Indiana or Michigan Constitutions.
Full post as published by National Eminent Domain Blog on October 18, 2007 (boomark / email).
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