Business owners sue city of Boonville over building demolitions
The owners of Stoners Grill and SassFrassy assert that the city intentionally condemned their properties so that it could acquire the land for redevelopment.
Eminent Domain
Articles
Factual issues need resolution in Hamilton County billboard dispute, COA rules in reversal
A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.
Damages based on traffic flow were too high in I-69 takings case, COA rules
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
Carmel company not entitled to compensation for closed access in eminent domain dispute, COA rules in reversal
A company that owns a car dealership in Carmel isn’t entitled to compensation for the closure of access on a road that’s part of an eminent domain action, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
COA affirms striking of inverse condemnation action after pizza parlor is shut down
The owner of a pizza parlor that was shut down as part of an eminent domain action has failed to convince the Court of Appeals of Indiana that the trial court erred in striking its inverse condemnation counterclaim.
COA splits, reverses for family in eminent domain dispute
A split Court of Appeals of Indiana has reversed for a family in an eminent domain dispute, concluding the town that acquired their property must adhere to Indiana Code and pay them 150% of the fair market value of the property.
Justices: Gary Housing Authority’s taking of private property upheld, but property owner entitled to damages hearing
Although the Gary Housing Authority can proceed with its administrative taking of privately owned property, the property owner will get a chance to make its case for damages after the Indiana Supreme Court ordered the entry of summary judgment for the owner as well as a damages hearing.
Would-be GOP candidate can’t run on Republican ballot after party ban, 7th Circuit affirms
A longtime Indiana Republican who found himself at odds with the state’s Republican Party and was eventually banned from the GOP for a decade will have to stay off the Republican ballot, the 7th Circuit Court of Appeals has affirmed.
COA calls a foul after Fighting Irish try to ‘piggyback’ on public project
The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.
IN Supreme Court to hear immigration, breach of contract, eminent domain issues
Lake County cases involving immigration welcoming ordinances, a dentist’s breach of contract allegations and an eminent domain dispute will all come before the Indiana Supreme Court during oral arguments this week.
COA to hear arguments in 3 cases Tuesday
The Court of Appeals of Indiana is preparing to hear arguments in cases involving solar farms, imminent domain and insurance coverage next week.
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.
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.