Portage Township of St. Joseph County, Indiana v. City of South Bend
CourtIndiana Court of Appeals
Date FiledOctober 29, 2026
Docket26A-PL-00711
JudgeJudge Vaidik
StatusPublished
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Full Opinion
Pursuant to Ind. Appellate Rule 65(E), the trial court and parties shall not take any
action in reliance upon this Opinion until it is certified.
FILED
Oct 29 2026, 9:12 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
IN THE
Court of Appeals of Indiana
Portage Township of St. Joseph County, Indiana, and 350
Columbia Street, LLC,
Appellants-Intervenor Defendants
v.
City of South Bend,
Appellee-Plaintiff
October 29, 2026
Court of Appeals Case No.
26A-PL-711
Appeal from the Marshall Circuit Court
The Honorable Janette E. Surrisi, Judge
Trial Court Cause No.
50C01-2501-PL-4
Court of Appeals of Indiana | Opinion 26A-PL-711 | October 29, 2026 Page 1 of 8
Opinion by Judge Vaidik
Judge May concurs.
Chief Judge Tavitas concurs in result with separate opinion.
Vaidik, Judge.
Case Summary
[1] Indiana law grants units of local government—counties, municipalities, and
townships—broad eminent-domain power. Indiana Code section 36-7-14-20
addresses the use of this power in “redevelopment project areas.” Specifically,
the statute provides that if a unit’s legislative body (e.g., a city council)
considers it necessary to use eminent domain to acquire real property in a
redevelopment project area, it must adopt a resolution setting forth that
determination and directing its attorney to file suit. The issue we must decide in
this appeal is whether this statute gives a unit’s legislative body exclusive
authority to exercise the power of eminent domain in a redevelopment project
area, thereby precluding other unit officials from doing so. We hold that it does.
Here, the trial court allowed a city to bring an eminent-domain action for
property in a redevelopment project area without authorization from the city’s
legislative body, so we reverse.
Facts and Procedural History
[2] In October 2024, the City of South Bend, acting at the direction of its mayor,
filed a Complaint for Condemnation as to real property owned by Argos 316,
Court of Appeals of Indiana | Opinion 26A-PL-711 | October 29, 2026 Page 2 of 8
LLC. The property is in a redevelopment project area established by the South
Bend Redevelopment Commission. Portage Township of St. Joseph County
had previously contracted to buy the property and completed the purchase
shortly after the City filed its complaint. The Township, along with 350
Columbia Street, LLC, which held easements on the property, intervened in the
case and filed objections to the condemnation. As relevant here, Portage
Township and 350 Columbia Street (“Objectors”) objected under Indiana Code
section 36-7-14-20(a), which provides:
If the legislative body of the unit that established the department
of redevelopment considers it necessary to acquire real property
in a redevelopment project area by the exercise of the power of
eminent domain, the legislative body shall adopt a resolution
setting out its determination to exercise that power and directing
its attorney to file a petition in the name of the unit on behalf of
the department of redevelopment, in the circuit or superior court
of the county in which the property is situated.
Objectors claimed that the City’s condemnation action is illegal because it was
not authorized by the South Bend Common Council—the City’s legislative
body—as contemplated by this statute. After briefing and oral argument, the
trial court overruled this objection and the others. The court concluded that
Common Council authorization under Section 36-7-14-20 is just one way, not
the only way, for the City to use eminent domain to acquire real property in a
redevelopment project area.
[3] Objectors now appeal.
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Discussion and Decision
[4] Objectors contend that the trial court erred by overruling their objection under
Section 36-7-14-20. 1 The trial court’s decision turned on the interpretation of
that statute, which is a pure question of law, so our review is de novo. See
Anderson v. Gaudin, 42 N.E.3d 82, 85 (Ind. 2015). When a statute is clear and
unambiguous, no interpretation is necessary; we simply “apply the words and
phrases in their plain, ordinary, and usual sense.” Id. But when a statute is
susceptible to more than one interpretation, it is ambiguous and thus open to
judicial construction. Id. In construing an ambiguous statute, our goal is to
determine, give effect to, and implement the intent of the Legislature. Id.
[5] Objectors argue that only the legislative body of a unit of local government can
exercise the power of eminent domain in a redevelopment project area. They do
not dispute that units have broad eminent-domain power or that this power can
generally be exercised by officials other than the unit’s legislative body. See Ind.
Code § 36-1-4-5(a) (“A unit may acquire by eminent domain or other means,
and own interests in real and personal property.”). But they assert that Section
36-7-14-20(a) unambiguously limits the use of eminent domain in the context of
redevelopment project areas. As noted above, the statute provides that “[i]f the
legislative body of the unit that established the department of redevelopment
considers it necessary to acquire real property in a redevelopment project area
1
Objectors also challenge the overruling of their other objections. Because we reverse based on Section 36-7-
14-20, we need not address those arguments.
Court of Appeals of Indiana | Opinion 26A-PL-711 | October 29, 2026 Page 4 of 8
by the exercise of the power of eminent domain,” it must adopt a resolution
setting forth that determination and directing its attorney to file suit. According
to Objectors, the clear implication of the statute’s language—establishing a
procedure for a unit’s legislative body to exercise the power of eminent domain
in a redevelopment project area, but not establishing a procedure for other unit
officials to exercise that power—is that other officials do not have the power.
[6] The City also argues that Section 36-7-14-20(a) is unambiguous, but in a much
different way. The City contends that the statute does nothing to limit who can
exercise a unit’s power of eminent domain in a redevelopment project area; it
simply establishes the procedure to be employed “if” it is the unit’s legislative
body that wants to exercise that power. According to the City, because the
statute doesn’t expressly state that only a unit’s legislative body can exercise the
power of eminent domain in a redevelopment project area, or that other unit
officials cannot exercise such power, the statute has no impact on the broad
eminent-domain powers of other officials under Indiana Code section 36-1-4-
5(a). In sum, the City maintains that Section 36-7-14-20(a) is merely a
procedural statute applicable to a unit’s legislative body, not a substantive
statute establishing who does or does not have the power of eminent domain in
a redevelopment project area.
[7] When the statute is read in isolation, both interpretations are reasonable.
Therefore, the statute is ambiguous, and we must look beyond its plain text to
discern its meaning. See Anderson, 42 N.E.3d at 85. Having done so, we
conclude that Objectors offer the correct interpretation.
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[8] Section 36-7-14-20 is part of Indiana Code chapter 36-7-14, which establishes a
comprehensive scheme for units of local government (except townships) to (1)
create redevelopment project areas and (2) acquire real property in such areas.
A unit may establish a department of redevelopment, to be controlled by a
redevelopment commission. I.C. § 36-7-14-3. In turn, a redevelopment
commission can establish a redevelopment project area for an “area needing
redevelopment” (with the approval of the unit’s plan commission and legislative
body). I.C. §§ 36-7-14-15, -16, -17. Once a redevelopment commission
establishes such an area, it must identify the real property that needs to be
acquired for the redevelopment project and then attempt to negotiate the
purchase of that property. I.C. § 36-7-14-19; see also I.C. § 36-7-14-19.5.
[9] Of course, a redevelopment commission won’t always be able to negotiate an
amicable purchase of property. And that is when eminent domain becomes
necessary and Section 36-7-14-20 comes into play. The statute sets forth how
the power of eminent domain can be exercised in a redevelopment project
area—through a vote of the unit’s legislative body. While other unit officials
generally have broad eminent-domain power, and Section 36-7-14-20 doesn’t
expressly bar them from exercising that power in a redevelopment project area,
the redevelopment statutory scheme as a whole makes clear that the power lies
with the unit’s legislative body. Since the property at issue here is in a
redevelopment project area, and the City’s legislative body didn’t authorize the
condemnation action, the trial court erred by overruling the objection.
[10] Reversed.
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May, J., concurs.
Tavitas, C.J., concurs in result with separate opinion.
ATTORNEY FOR APPELLANTS
James A. Masters
Nemeth, Feeney, Masters & Campiti, P.C.
South Bend, Indiana
ATTORNEYS FOR APPELLEE
Jenny R. Buchheit
Andrew J. Miroff
John D. French
Abby V. DeMare
Ice Miller LLP
Indianapolis, Indiana
Court of Appeals of Indiana | Opinion 26A-PL-711 | October 29, 2026 Page 7 of 8
Tavitas, Chief Judge, concurring in result.
[11] I concur in result. The majority concludes that Indiana Code Section 36-7-14-
20(a) is ambiguous, but it nevertheless concludes that the authority to exercise
the power of eminent domain in a redevelopment project area lies with the
unit’s legislative body.
[12] Neither party argues that the statute is ambiguous. I am, therefore, hesitant to
conclude that the statute is ambiguous sua sponte. But because the City’s
legislative body did not authorize the condemnation action, I agree that the trial
court erred by overruling the objection.
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