City Of Fort Wayne In. City Engineering Uses fraud, deceit to acquire right of way Fort Wayne Indiana

In 1996 we received a mailing from the city of Fort Wayne In. Included were the plans for a road resurfacing project for Ardmore ave, including the moving of the Junk ditch, which is very prone to flooding, and new lighting, utility lines etc. Along with this package was a letter stating, "In order to accomplish this project it will be necessary to acquire a 25 foot strip of right of way along the eastern section of your property." To compensate us for this land they had a break down of what they would pay us. This included the loss of shrubbery, driveway, replacing a yard light, severance of use, and the moving of the front door to my house.

Trying to be cautious both my neighbor and I wanted to question this. Primarily was this to be used for road widening. Both of us asked this question and were always told no. I even made sure by asking it twice. I spoke to the city engineer, David Ross, both times I asked he said no.

Other questions I asked. Why isn't there enough current right of way to accomplish this project.
The engineer replied since this area was platted so long ago ther isn't any current right of way.
This I have just found out was a lie. There was already an easement for this purpose, more than enough to do the utility work. Approximately 10-12 ft.

Question to engineer. How or why did you arrive at the 25 feet needed for this right of way?
Answer. Since this project is receiving Federal funds to move a waterway its required by the feds to have 25 feet of right of way.
This too is a lie. There is no Federal requirement for a certain right of way on Federal funded projects. After adding this right of way to the existing right of way the city now owns a small portion of my front porch.

Question to engineer. Why would I have to move my front door?
Answer. Moving the front door is a saftey issue. If we are on the right of way doing utility work we can't have you entering or exiting thru the work area. Since you have wooden steps you can just move the steps if we are working there.
This too was a lie. The city now wants to put a river greenway trail where my steps are.

In 2007 I began to wonder about what seemed to be a certain road widening project here. There was much publicity about widening a section of this road just north of us. My councilman said no planning for this area had started. A call to the Mayors office was returned saying this area would be a seperate project and we would be notified when any planning starts. Apparently, the engineer has his own fifedom and doesn't notify residents, councilman or even the Mayor of planning new roads.

In Sept of 2007 I called the sewer dept asking about a storm sewer project I heard was being put in somewhere around my house. This turned out to be a project a few streets away from me. But this secretary then told me I was getting new storm sewers as part of the road widening. I asked what widening project? We have never been informed of this. She then pulled the plans and gave me the exact specifications for what was planned in front of my house.

In October of 2007 I attended an association meeting that the city engineer was to explain the road plans for the area north of me. When the time came for questions I asked the engineer what plans were being made for the area I live in. He stated no planning had started yet. When I told him a secretary had pulled the finalized plans and reviewed them to me he could only say they followed all state and local laws. He already was defending himself before being accused of anything. At this point the chair person suggested he schedule a meeting with the affected residents to explain this to us. He nodded in agreement and went to the next question. He never did contact us. There are only 3 houses in this affected area. None of us have ever been notified of any project untill May of 2008. Is there a reason this project was planned, approved and bid out before the residents were notified?

In the dictionary the word fraud, to acquire something thru deceit or trickery. I think these events clearly indicate the probabilty that the right of way purchase from 1996 was done fraudulently. Why else would they have included compensation to move my front door. Obviously it wasn't needed for the 1997 project, but it is needed for the 2008 project. 25 feet wasn't needed for the 1997 project but it is needed for the 2008 project.

The safety of the engineering on this project is highly questionable. This river greenway trail is just 2-3 feet from house foundation. Bicycle riders going south can not see in the driveway for cars backing out. Cars can't see bicylcles either. Its an accident waiting to happen. Who will be liable should this happen? Even the construction workers are in complete amazement this is being done so close to a house.

When completed, this new road will be a MAJOR truck artery thru town. The vibration from the huge increase in truck traffic will soon destroy our basement walls. We will be about 20 feet from this road. We knew this in 1997, thats why we asked the questions that we did. We were given false answers to hide the real reason behind this right of way purchase.

YOU CAN'T FIGHT CITY HALL.
I often thought of course you can. I am fast finding out you can't. Unless you have lots of money for a lawyer. I can't even get the newspaper to write a story. They seem interested and shocked what has happened. Then nothing happens. Perhaps they don't want to embarrass the Mayors administration.

I called the state fraud line. They won't get involved unless there is state money involved. They won't investigate other government agencies like they would a private business.

If someone out there would like to help I sure could use it. I'm retired on a small pension and Ive tried all I could think of with my limited budget.

Ken
fort wayne, Indiana
U.S.A.