Eminent domain case moving along
“Nappanee City Council members took action Monday on eminent domain proceedings with property owned by Ken and Libby Fervida, Fervida Rentals. City attorney Brian Hoffer updated the council on the progress of the case.
He reminded the council that the city’s initial offer to the Fervidas was $141,868 and when the property owners refused the offer the matter was turned over to the court. Hoffer said the court ordered three appraisals, as well and the average of the three appraisals was $138,900.
Hoffer said the eminent domain process allows the city to pay that amount to the clerk of the courts who would then process a certificate allowing the city to take possession of the property. He said the actual amount paid could be higher or lower by the time it gets settled but in the meantime, the city can take possession and move forward.
The city has had to acquire several pieces of property along the Berlin Court Ditch in order to comply with the federally mandated combined sewer overflow project. The CSO mandates that all storm and sewer drains be separated. This is a huge multi-million dollar project that the city is required to undertake.”
Fedorow, Denise. Goshen News 16 December 2014.