Eminent Domain: What Is It?

Eminent Domain: What Is It?

“Eminent domain” is the power of a federal or state government to take private property for a public use. The 5th Amendment to the U.S. Constitution and Article 1, Section 21 of the Indiana Constitution require that when the federal or state government exercises their power of eminent domain to take part or all of a property owner’s property, the government is required to pay the property owner what is known as “total just compensation.”

Expungement in Indiana

Expungement in Indiana

An instant of bad judgment, a poor decision, a stupid mistake, a youthful indiscretion—all it takes is one unfortunate moment and the resulting criminal record could be a burden for the rest of a person’s life. A few years ago, the Indiana Legislature officially acknowledged the lasting difficulties that a criminal record can present that go far beyond an offender’s “debt to society” and enacted an expungement statute. While it does not vacate a person’s convictions, Indiana’s expungement statute seals off the paper trail establishing that there ever was an arrest or conviction.

In the Media: "Fatal DUI accident reenacted by high school students"

(Photo: Jordan Kartholl/The Star Press)

(Photo: Jordan Kartholl/The Star Press)

For the past few years, Joshua Brown has volunteered at Living Proof Crash Reenactment, an annual event hosted at Muncie Central High School. The live reenactment increases awareness among high schoolers of the dangers of drunk driving. Joshua acted as the “defense counsel” in the court scene in this year’s production.

View photos of the event from The Star Press here.

In the Media: "Yorktown has six new eminent domain cases along Canal Street for right of way access"

(Photo: Corey Ohlenkamp/The Star Press)

(Photo: Corey Ohlenkamp/The Star Press)

The town of Yorktown is currently moving forward with multiple eminent domain cases in the pursuit of land for redevelopment projects. Representing many of the homeowners whose properties are affected by these cases, Thomas Malapit told The Star Press “he and his clients will fight the town over the lawsuit.”

Read the full article here.

Senior Paralegal Tori Murphy Brings New Faces to Local Boy Scouts Troops


In 2017, the national organization Boy Scouts of America announced it would now accept girls into its troops. In February of 2019, our own Tori Murphy brought this change to our local community. She was the first to bring scouting for girls to this district, according an article published in the Muncie Journal.

Tori is the Scoutmaster for Troop 19 and the Assistant Scoutmaster for Troop 1. She’s been actively involved as a leader in the organization for the past 9 years.

We’re proud to have someone like Tori as a part of our team. We admire her passion for the program and her commitment to the community. Thank you for initiating positive change locally, Tori!

Header photo by John Carlson, Muncie Journal.

Partner Ryan Groves Named 20 Under 40


Congratulations to one of our partners, Ryan Groves, for being named one of The Star Press's 20 Under 40 this year. The annual 20 Under 40 banquet honors 20 hardworking people under the age of 40 who are making a positive difference in Muncie and Delaware County.

Ryan was recognized as one of 2018's 20 Under 40 for his service on the Indiana State Bar Association's ethics committee and for his involvement in the Yorktown Roadrunners, where he is a coach and co-director.

We are grateful to have Ryan on our team and are incredibly proud of this achievement. Read more about Ryan and his recognition here.

Mark McKinney Receives Horatio Alger Award

Mark speaking at the 2017 Great Futures Luncheon

Mark speaking at the 2017 Great Futures Luncheon

Congratulations to our founding partner, Mark McKinney, for receiving this year's Boys and Girls Club Horatio Alger award at the 2017 Great Futures Luncheon. Mark is a past president and long time board member of the Boys and Girls Club of Muncie.

Horatio Alger was a children's book author well-known for his stories about young boys whose hard work, integrity, determination and strong dedication to helping others would help them rise from humble beginnings into respectable positions as community leaders.

Mark received this award as a recognition for his service with the Boys and Girls Club of Muncie throughout the years and his dedication to helping the youth of Muncie.

McKinney & Malapit Add New Associate Attorney


McKinney & Malapit welcomes its newest member to their legal team, Barry A. ("Drew") Hall, as an associate attorney.  Drew was born South Bend, Indiana, May 19, 1991; admitted to Indiana bar, 2016, Preparatory education, Ball State University (B.A., Political Science and Economics, Honors College 2013); legal education, Michigan State College of Law (J.D. 2016). Dean's List; Ball State University; Fall 2009- Spring 2013; Michigan State College of Law, Fall 2013-Spring 2014; Spring 2015-Spring 2016. Midwest Model EU best delegate 2012 -2013, Ball State University. Honors Thesis, Campaign Finance post Citizen's United. Pi Sigma Epsilon Business Fraternity 2012, Ball State University. Member Business Law Society, Michigan State College of Law. Member, Indiana State and American Bar Associations; Ball State University Alumni Association; Michigan State Alumni Association. E-mail: drew@mandmlegal.com

Thomas R. Malapit, Jr. joins the Hillcroft Services Board of Directors

On October 27, 2016, Tom Malapit attended his first Hillcroft Services, Inc., Board Meeting after being unanimously voted onto the Board.  Hillcroftwas founded in 1953 in Muncie, Indiana by three families determined to provide a unique, quality education for their children with disabilities. These families were the Kings, the Satryans, and the Taylors.  Hillcroft has excelled in promoting disability awareness and explains that “Disability awareness is a vital component of educating the community about the potential and the value of all people with disabilities in our society. Disabilities do not discriminate. 1 in 5 people have a disability. It is important for everyone to understand disability issues because there is a very high probability that every person will be affected or come in contact with a person that has a disability.” Today, Hillcroft is a leader in the Muncie and the surrounding communities for people with disabilities and has been accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF) for the following services:  ABA Clinic, Behavior Support, Employment, Creativity Unlimited, Hillcroft Industries, Respite, Supported Living, and Wellness.  For more information about Hillcroft and their services please visit:   http://www.hillcroft.org/services/

Malapit an Appraisal Panelist


Condemnation-Eminent Domain Attorney, Thomas R. Malapit, Jr., has been invited to be a panelist at program put on today at the Rathskeller in Indianapolis by the 2015 Appraisal Institute Hoosier State Chapter President, Steve Shockley, MAI, SRA, AI-GRS, AI-RRS, CCIM, Senior Appraiser at Butler, Fairman & Seufert, Inc.  The program is entitled "Appraisal Scoping:  How to Target Clients' Needs" and is intended to assist appraisers with a wide variety of appraisal assignments and how to better serve clients of appraisal services.  Mr. Malapit was specifically selected by Mr. Shockley to be a panelist because of his use of a number of different appraisers with his work in Muncie, Yorktown, Greenfield, Westfield, Anderson, Alexandria, and on the I-69 Project in both Martinsville and Bloomington.

Mark McKinney nominated for David Sursa Leadership Award


Mark McKinney has been nominated for the 2014 David Sursa Leadership Award.  The award recognizes "extraordinary leadership by a nonprofit board member displaying the characteristics expressed by David Sursa during his lifetime."  The Community Foundation of Muncie & Delaware County stated that, "Mark's visionary leadership and commitment to the Boys & Girls Club of Muncie exemplifies the spirit of this award."