Legal Notice – Vermillion County, State of Indiana, Cause Number 83C01-2508-PL-000008
IN THE VERMILLION CIRCUIT COURT
STATE OF INDIANA )
) SS:
COUNTY OF VERMILLION )
CAUSE NO. 83C01-2508-PL-000008
STATE OF INDIANA )
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Plaintiff, )
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- )
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UNKNOWN OWNER, AND ANY )
UNKNOWN HEIRS, DEVISEES, )
LEGATEES, SUCCESSORS, )
ASSIGNS, EXECUTORS, TRUSTEES,)
RECEIVERS, AGENTS, AND )
REPRESENTATIVES OF THE )
UNKNOWN OWNER, AND ALL )
OTHER UNKNOWN PERSONS OR )
ENTITIES CLAIMING AN )
INTEREST IN THE REAL ESTATE )
DESCRIBED HEREIN; AND )
VERMILLION COUNTY, INDIANA; )
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Defendants, )
NOTICE OF SUIT WITH SUMMONS BY PUBLICATION
Pursuant to a Praecipe for Summons by Publication filed by the Plaintiff, State of Indiana, in the above-captioned cause of action, you are hereby notified that a Complaint for Appropriation of Real Estate has been filed in the Vermillion County Circuit Court, Cause Number 83C01-2508-PL-000008, regarding an action to acquire real estate by eminent domain, said real estate more particularly described in the attached Exhibit A (the “Real Estate”).
The above-named Defendants who may claim an interest said Real Estate are Unknown Heirs, Devisees, Legatees, Successors, Assigns, Executors, Trustees, Receivers, Agents, and Representative of the Unknown Owner and any unknown owner or interest holder.
The name and address of the attorneys representing the Plaintiff is Joshua M. Mireles and Thomas M. Bright, Office of the Indiana Attorney General, 302 West Washington Street, Indianapolis, IN
46204; Telephone (317) 232-6270 and (317) 232-6270.
You are a party to said suit and you must respond to said suit on or before the expiration of thirty (30) days from the date that the third notice of suit is published, or judgment by default may be entered against you for the relief demanded in the Complaint for Appropriation of Real Estate, and any interest you may have in the above-described Real Estate may be terminated. The Court may extend the period for filing objections by an additional thirty (30) days upon written motion. You are notified to appear before the Vermillion Circuit Court on the 14th day of October 2025 at 2:25 o’clock, p.m. to object to the condemnation of property sought to be acquired in the State of Indiana’s Complaint.
Ind. Code § 32-24-1-8 Objections to Proceedings
(a) A defendant may object to the proceedings:
- Because the court does not have jurisdiction either of the subject matter or of the person;
- Because the plaintiff does not have the right to exercise the power of eminent domain for the use sought; or
- For any other reason disclosed in the complaint or set up in the objections. (b) Objections under subsection (a) must be:
- In writing;
- Separately stated and numbered; and
- Filed not later than thirty (30) days after the date the notice required in section 6 of this chapter is served on the defendant. However, the court may extend the period for filing objections by not more than thirty (30) days upon written motion of the defendant.
(c) The court may not allow pleadings in the cause other than the complaint, any objections, and the written exceptions provided for in section 11 of this chapter. However, the court may permit amendments to the pleadings.
(d) If an objection is sustained, the plaintiff may amend the complaint or may appeal from the decision in the manner that appeals are taken from final judgments in civil actions. All the parties shall take notice and are bound by the judgment in an appeal.
(e) If the objections are overruled, the court shall appoint appraisers as provided for in this chapter.
Any defendant may appeal the interlocutory order overruling the objections and appointing appraisers in the manner that appeals are taken from final judgments in civil actions.
(f) All the parties shall take notice of and be bound by the judgment in the appeal.
(g) The transcript must be filed in the office of the clerk of the supreme court not later than thirty (30) days after the notice of the defendant’s appeal is filed. The appeal does not stay proceedings in the cause.
(h) This subsection does not apply to a condemnation action brought by a public utility (as defined in section 5.9(a) of this chapter) or by a pipeline company. Notwithstanding section 14 of this chapter, if an objection:
(1) Is sustained, and no appeal is filed; or
(2) Is sustained in the judgment in the appeal;
the court shall award the defendant the reasonable costs and attorney’s fees incurred for the objections, in an amount not to exceed twenty-five thousand dollars ($25,000.00).
Dated at Vermillion County, Indiana, the 6th day of August 2025.
/s/ Tami S. Lowry/TL
Vermillion County Clerk of Courts
Parcel Documentation
Project: 2100968
Code: 8184
Parcel: 1
Permanent fee conveyance right of way is to be acquired within an abandoned railroad corridor under a bridge along SR 63 in Vermillion County just south of SR 234 near Cayuga, Indiana.
The parent parcel was reestablished utilizing information shown on RW plans for L.A. RW Code 1058 for S.R. 63 per S-T-F Project 305 (17), dated circa 1975.
A Title and Encumbrance Report was prepared for this parcel, but no definitive fee title was ever found other than knowledge that this railway corridor has been abandoned by Norfolk and Southern Railroad on April 13, 1995, as noted on R.R. Valuation maps. The acquisition for this parcel is planned to be a fee conveyance and no temporary easement right of way will be required.
A Right-of-Way Parcel Plat has been created for this conveyance and is included herein for recording purposes shown as Single Location Route Survey Plat shown as Exhibit Band described in Exhibit A.
A sketch of the area in relation to the right of way and other parcels is included with the parcel packet. See the Sketch Sheet in the parcel packet for the location of all point numbers created for all acquisitions required for this project.
Mark J. Duffy, PLS
EXHIBIT “A”
Project: 2100968
Code: 8184
Parcel: 1
Form: WD-1
Key No: N/A
A part of the West Half of Section 4 and the East Half of Section 5 of Township 17 North, Range 9 West in Eugene Township, Vermillion County, Indiana, and being that part of the grantor’s land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT “B”, described as follows:
Commencing at the northeast corner of said Section 5, being designated as point “200” on said Parcel Plat; thence South 00 degrees 08 minutes 01 seconds West 75.91 feet along the west line of said Section; thence North 89 degrees 52 minutes 59 seconds West 45.91 feet to a point on the west right of way of old S.R. 63; thence South 00 degrees 36 minutes 54 seconds West 1,128.57 feet (1,126.15 feet per Cause No. C74-227: L.A. Code 1058, Parcel 32 in the Clerk’s Office of said Vermillion County) along said former west right of way to the north right of way of the Norfolk and Western Railroad Company; thence South 88 degrees 34 minutes 15 seconds West 48.71 feet along said north line to point designated “501” on said Parcel Plat, being the point of beginning of this description on the west right of way of existing SR 63 per said Cause No. C74-227; thence North 88 degrees 34 minutes 15 seconds East 420.01 feet along the north line of said Railroad to point designated “502” on said Parcel Plat on the existing east right of way of S.R. 63 per Cause No. C74-11, parcel 30 in said Clerk’s Office; thence South 01 degrees 50 minutes 49 seconds East 120.02 feet to point designated “503” on said Parcel Plat, being on the south right of way of said Railroad and the east line of S.R. 63 per L.A. Code 1058, Parcel 29 per Deed Book 120, page 163 as found in the Office of the Recorder of Vermillion County, Indiana; thence South 89 degrees 15 minutes 11 seconds West 319.95 feet along said south line to point designated “504” on said Parcel Plat; thence South 00 degrees 08 minutes 01 seconds West 30.00 feet along said south line to point designated “505” on said Parcel Plat; thence South 89 degrees 15 minutes 11 seconds West 99.09 feet along said line to point designated “506” on said Parcel Plat on the west right of way of S.R. 63 per L.A. Code 1058, Parcel 28 per Deed Book 119, page 495 as found in said Recorder’s Office; thence North 01 degrees 50 minutes 49 seconds West 145.03 feet to the point of beginning containing 1.202 acres, more or less.
EXHIBIT “A”
Project: 2100968
Code: 8184
Parcel: 1
Form: WD-1
Key No: N/A
This description was prepared for the Indiana Department of Transportation by Mark J. Duffy, Indiana Registered Land Surveyor, License Number 29800004, on the 19th day of July 2024.
Mark J. Duffy, R.L.S.
This description was written from information obtained from the recorder’s office and other sources which were not necessarily checked by a field survey. All bearings in this description which are not quoted from previous instruments are based on the bearing system for Indiana Department of Transportation Project 2100968.