Eminent Domain - The Indiana Lawyer

Creating options: SCOTUS lets inverse condemnation suits in federal courts

October 30, 2019 | Olivia Covington

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

October 23, 2019 | Indianapolis Business Journal Staff and Mickey Shuey

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

October 15, 2019 | Olivia Covington

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

October 3, 2019 | Indianapolis Business Journal Staff and Mickey Shuey

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

September 26, 2019 | Indianapolis Business Journal Staff and Mickey Shuey

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

September 16, 2019 | Katie Stancombe

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

March 20, 2019 | IL Staff

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

October 11, 2018 | Katie Stancombe

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

December 28, 2017 | Olivia Covington

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.

Some landowners fighting planned Wabash River Trail

December 27, 2017 | Associated Press

Some northern Indiana landowners are opposing plans to build a 33-mile recreational trail along the Wabash River.

Special judge halts ‘irrational’ Charlestown code enforcement

December 4, 2017 | Olivia Covington

After criticizing a southern Indiana city’s practice of levying code violation fines against some, but not all, local property owners as “irrational,” a Scott County judge has issued a preliminary injunction requiring the city to issue fines in a consistent manner that complies with local ordinances.

Court values land at 4 times St. Joseph County’s offer

December 4, 2017 | Associated Press

A St. Joseph County official said he’s surprised a 37-acre tract in New Carlisle the county hopes to buy has been valued by court-appointed appraisers at more than four times what the county offered its owner.

Charlestown land dispute pits city against its lower-income residents

October 31, 2017 | Olivia Covington

The state of some World War II-era homes has given rise to a contentious property rights dispute between the Charlestown city administration and residents of the city’s Pleasant Ridge neighborhood.

Indianapolis officials, landowner lock horns over Brightwood library branch plan

April 4, 2017 | Dave Stafford

Thousands each day drive past a sign on Sherman Avenue near 25th Street in Indianapolis bearing an unequivocal statement of Sheena Schmidt’s sentiments and an irritant for some city officials — a billboard-like placard that reads, “Say no to eminent domain.”

Judges affirm county commissioners can sue attorney for legal malpractice

October 31, 2014 | Jennifer Nelson

The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.

Supreme Court takes eminent domain case to clean up confusion

September 12, 2013 | Marilyn Odendahl

Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.

Justices rule in favor of sewer facility operator in condemnation action

April 11, 2013 | Jennifer Nelson

A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.

Judges rule against commissioners in eminent domain dispute

March 21, 2013 | Jennifer Nelson

In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.

Court rules in favor of state in taking of property for I-69

October 11, 2012 | Jennifer Nelson

For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.

State may take Greene County property for I-69 project

September 13, 2012 | Jennifer Nelson

The state may take property in Greene County over the objections of the owners for construction of a portion of Interstate 69, the Indiana Court of Appeals held Thursday.

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