## Facts

- Indiana University, acting through its Board of Trustees, sought to acquire fee simple title to a parcel in Bloomington, Indiana (Lot 8, Ray Rogers Addition).
- The Trustees adopted a resolution stating the acquisition was “necessary and proper” for the University’s public educational purposes.
- The intended use was construction of a parking lot serving a student dormitory located across the street.
- Before filing suit, the University attempted to purchase the property and increased its offer; the owners demanded a substantially higher price and negotiations failed.
- The Trustees filed an eminent domain action in the Monroe Circuit Court under a statute authorizing state educational institutions to condemn land deemed “necessary or desirable for the welfare or convenience” of the institution.
- The landowners filed objections challenging (1) authority to condemn for a parking lot, (2) necessity for taking this property, and (3) lack of good-faith negotiations before filing.

## Issues

1. Whether the Trustees had statutory authority to condemn land for use as a parking lot connected to a student dormitory.
2. Whether the taking satisfied the legal requirement of necessity.
3. Whether the University made a good-faith effort to purchase the property before initiating condemnation proceedings.

## Decision

- The Indiana Supreme Court affirmed the order overruling the landowners’ objections and appointing appraisers.
- The Trustees’ statutory authority to condemn for the institution’s “welfare or convenience” covered a parking lot serving University facilities, and the use was public.
- The Trustees’ resolution constituted a sufficient determination of necessity, which courts will not reexamine absent fraud, bad faith, or illegality.
- The University’s unsuccessful negotiations and multiple offers satisfied the good-faith purchase requirement; a price impasse did not establish lack of good faith.

## Legal Principles

- Statutory condemnation authority for state educational institutions to acquire land for their “welfare or convenience” extends to reasonably related ancillary facilities, including parking serving campus uses.
- Necessity and expediency of a taking for public use are primarily legislative determinations; when the legislature delegates that judgment to an authorized public body, judicial review is limited to claims such as fraud, bad faith, capriciousness, or illegality.
- A condemnor meets the pre-suit good-faith negotiation requirement by making a bona fide effort to purchase; it is not required to accept an owner’s demanded price, and failure to reach agreement does not alone show bad faith.

## Conclusion

The court allowed Indiana University to proceed with condemnation for a dormitory-related parking lot, holding the project fell within the Trustees’ statutory power, the Trustees’ determination of necessity was conclusive absent wrongdoing, and the University’s pre-suit negotiations satisfied the good-faith purchase requirement.


Wampler v. Trs. of Ind. Univ., 241 Ind. 449, 172 N.E.2d 67 (Ind. 1961)