NK Hurst Files Legal Challenge to State’s Eminent Domain Law
The NK Hurst Bean Company has filed court papers challenging the state’s authority to take its property for new stadium and convention center parking. In the documents filed late Friday in Marion County Superior Court, NK Hurst’s primary argument is that the taking violates Indiana’s eminent domain laws because the property would be used to primarily benefit the Colts, a private company. NK Hurst maintains the Authority needs its land for parking so that the Colts can be guaranteed a certain amount of revenue. NK Hurst maintains Indiana’s laws forbid the government from taking land from one private party and giving it to another private party. The Stadium Building Authority filed its eminent domain suit on the last business day of 2005. The Authority says it needs the bean company’s land for stadium parking. The Authority had offered NK Hurst a chance to stay on the property, but with reduced space. NK Hurst says the offer would not allow them operate their business. The Indiana House Judicary Committee Tuesday unanimously passed a bill making it tougher for governments to use eminent domain to take private property.
