Portage Township of St. Joseph County, Indiana v. City of South Bend (Eminent Domain in Redevelopment Areas Requires Council Authorization)

Eminent Domain Ruling Issued
Date
October 29, 2026
Court or forum
Indiana Court of Appeals
State
Indiana
Presiding judge
Nancy H. Vaidik
Property type
Land/Development
Amount / scale
Not stated; dispute concerns authority to condemn, not a damages or compensation figure
Parties
Property Owner: Argos 316, LLCAppellant-Intervenor Defendant: 350 Columbia Street, LLCAppellee-Plaintiff: City of South Bend

Indiana's Court of Appeals reversed a condemnation action against a developer's property, holding only a city's legislative body, not its mayor, can authorize eminent domain in a redevelopment project area.

The Indiana Court of Appeals ruled on October 29, 2026 that a city's legislative body, not its mayor or other officials, holds exclusive authority to exercise eminent domain over property inside a statutorily designated redevelopment project area, reversing a trial court that had allowed the City of South Bend to pursue a condemnation action against property owned by Argos 316, LLC without a vote of the South Bend Common Council. Objectors Portage Township, which had purchased the property after the condemnation suit was filed, and 350 Columbia Street, LLC, which held easement rights over it, successfully argued the City's suit was unauthorized under Indiana Code section 36-7-14-20(a).

Why it matters

The ruling is a significant procedural check on municipal eminent-domain practice in Indiana, confirming that a legislative body's resolution is mandatory, not merely one option among several, before a city can condemn property inside a redevelopment project area. Developers and owners negotiating property located inside such an area should confirm proper council authorization exists before assuming a condemnation threat is valid, since its absence is now a dispositive defense.

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The Indiana Court of Appeals ruled on October 29, 2026 that a city's legislative body, not its mayor or other officials, holds exclusive authority to exercise eminent domain over property located inside a statutorily designated redevelopment project area, reversing a trial court that had allowed the City of South Bend to pursue a condemnation action without a vote of the South Bend Common Council.

Case timeline · 2 entries Latest: October 29, 2026 — Court of Appeals reverses, holding only the Common Council could authorize the condemnation

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