by Kevin Lilly
A decision in a lawsuit filed by Logansport against a company who owns land the city wants for a trail extension is pending with a local judge.
According to court documents, the city is fighting for the right to perform environmental studies on 5.44 acres of land along the Wabash River owned by Transco Railcar, a freight railcar restoration facility located on 18th Street. Transco has refused the city access to their land.
The dispute resulted in the city filing suit against Transco in Cass Superior Court I, where Judge Thomas Perrone heard argument in October.
The issue is whether the city has the right to conduct the environmental studies before enacting the power of eminent domain the city is claiming it has. Jim Brugh, the city’s attorney in the case, cites legal authority indicating the city and its environmental consultant can access Transco’s land, something they want to do before using the city’s condemnation power.
The environmental studies would determine if there is soil contamination on the property.
In letters filed with the court, Transco’s legal representatives, the law firm of Starr, Austen & Miller, stated the company wanted “fair compensation” for the land. Their suggestion was mediation, which could result in all parties reaching an agreement without litigation.
Neither side was able to come to an agreement before the city filed the complaint in August.
The land, reportedly valued at about $8,000, is needed for the extension of the Little Turtle Waterway.
Attorney James Austen stated in court documents that he has no doubt the city will eventually acquire the land. But, the city is facing a deadline that is part of the $150,000 federal grant for the 1.1-mile trail extension.
“Unless this dispute be resolved presently, the city’s plan for expansion for its trail system over Transco’s land will be harmed by stalemate,” Brugh wrote.
In 2007, the Logansport Parks Department secured the grant. Under its terms, construction has to be finished by November 2011.
According to past reports from parks administrator Janet Fawley, it should meet the deadline but may have to cut the proposed extension in half. Construction is expected to begin in the spring and wrap up in 2010, she has said.
• Kevin Lilly is news editor of the Pharos-Tribune. He can be reached at 574-732-5117 or kevin.lilly@pharostribune.com.
