Indiana Supreme Court grants transfer to wage dispute case, 2 other cases
A dispute between a dentist and her former employer, which split the Court of Appeals over the award of damages, is now headed for the Indiana Supreme Court.
Eminent Domain
Articles
Natural gas company files eminent domain suit against central Indiana property owners
A Dallas-based natural gas pipeline company has filed an eminent domain lawsuit against several property owners in Boone and Marion counties.
State secures reversal in Carmel residents’ inverse condemnation action
No settlement agreement was reached between the state of Indiana and two Carmel landowners who brought an inverse condemnation action costing the state more than $200,000, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Eminent domain reversed for failure to give proper notice
The Gary Housing Authority, which tried to exercise eminent domain and take a property with an appraised value of $325,000 for $75,000, will have to cancel the demolition crew after the Court of Appeals of Indiana found the agency failed to give at least 30 days’ notice of its plans.
Supreme Court won’t sidetrack plans for natural gas pipeline
The Supreme Court sided Tuesday with a pipeline company in a dispute with New Jersey over land the company needs for a natural gas pipeline.
Supreme Court wrestles with New Jersey pipeline case
The Supreme Court on Wednesday wrestled with how to resolve a clash between the state of New Jersey and a pipeline company over land the company needs for a natural gas pipeline.
COA reverses reopening of dismissed eminent domain action
Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.
After 2 US Supreme Court wins, Florida man gets $875K from city
Few people have fought any city hall all the way to the U.S. Supreme Court and won, but Fane Lozman did it twice. Now the Florida city he’s battled since 2006 is going to pay him thousands of dollars in legal fees.
COA tosses jury verdict in Kokomo land-taking case, slashes damages
A Howard Superior jury’s damages award of $305,600 plus legal fees was voided Wednesday by the Indiana Court of Appeals, which instead ordered the trial court to enter judgment of just $100,000 to owners of property in Kokomo that the city condemned.
Judge: Indianapolis can’t use eminent domain for Waterside during legal fight with Ambrose
The city of Indianapolis was told Wednesday by a judge that it can’t begin eminent domain proceedings on the former GM stamping plant site until its ongoing legal dispute with development firm Ambrose Property Group has been resolved.
Ambrose suit alleges city tried to take stamping plant land for Infosys campus
Local developer Ambrose Property Group has leveled new allegations against the city of Indianapolis in a lawsuit it filed Tuesday in the ongoing fight over the company’s decision not to develop the former GM stamping plant site on the western edge of downtown.
Creating options: SCOTUS lets inverse condemnation suits in federal courts
The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.
Developer files notice to sue Indianapolis, claiming $30M in damages
Ambrose Property Group on Tuesday filed a notice of tort claim with the city of Indianapolis, a legal step that sets the stage for it to sue the city over its effort to force the developer to sell it the former General Motors stamping plant site west of downtown.
Charlestown code enforcement case headed for trial
A lawsuit alleging the Charlestown city administration is unconstitutionally using fines to force low-income residents to sell their homes to a developer is scheduled for trial next month.
Indianapolis threatens to take GM stamping plant land by eminent domain
The city of Indianapolis told Ambrose Property Group on Wednesday that it will use eminent domain if necessary to take ownership of the GM stamping plant property Ambrose had planned to turn into a $1.4 billion, mixed-use development called Waterside “to ensure necessary redevelopment” still occurs there.
City ‘full speed ahead’ on Oaktree apartments demolition
Indianapolis officials said Wednesday they expect to move forward with demolishing a blighted northeast-side apartment complex, after the owner of the property failed to request a last-ditch hearing by the state’s high court.
Justices: Amended statute retroactively applies in eminent domain action
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
Justices to hear Lake County eminent domain case
The Indiana Supreme Court unanimously chose to hear two property-related cases, focusing on issues of eminent domain and deciding a case involving rental property fee exemptions for landlords in Bloomington and West Lafayette.
COA: Judgment affirmed in eminent domain action
The Indiana Court of Appeals affirmed the grant of summary judgment to a town in an eminent domain action when it found the land was neither real property occupied by an owner nor agricultural land, so the previous owners were not entitled to receive enhanced compensation.
COA sends I-69 property-taking dispute to damages trial
A property rights dispute between the state and a Monroe County property owner must proceed to a trial on damages after the Indiana Court of Appeals determined the state’s condemnation action against the Monroe County property constituted a compensable taking.