Indiana scraps plans to buy land for Ohio River port site
Indiana has scrapped plans to buy land at an Ohio River site under consideration for the state’s newest shipping port, Gov. Eric Holcomb announced Thursday.
Real Estate/Construction
Articles
Law change from ‘or’ to ‘and’ causes headaches for recorders
While politicians often decry bureaucracy and red tape, a bill passed by Indiana legislators in 2020 changed a single word in a state statute and, as a result, raised an extra hurdle for Hoosiers trying to get a document recorded at their local county recorder’s office.
New law for a new century: NEPA ‘modernization’ could limit public input on environmental impacts, lawyers say
For the last 50 years, Americans have had a say in how these projects impacted their neighborhoods through the National Environmental Policy Act. But environmental groups and lawyers have concerns that could change under a new Trump Administration rule set to take effect this week.
Gardner: Unsettled waters: Revisions to the waters of the U.S. rule
On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.
NY AG probes if Trump pumped up value of estate, assets
New York’s attorney general asked a court Monday to compel some of President Donald Trump’s business associates, including his son, Eric, to testify and turn over documents as part of her investigation into whether the president’s company lied about the value of its assets in order to get loans or tax benefits.
COA rules for general contractor in injured worker’s dispute
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
NIPSCO fined record $1.1M over safety violations
A northern Indiana utility is facing a $1.1 million fine — the largest in state history — after state regulators cited it for natural gas pipeline safety violations and specified that the company cannot pass that cost onto its ratepayers.
‘Antilawyering’ means court defeat for would-be Indy developer, 7th Circuit affirms
Failure to follow local court rules led to defeat for a would-be developer suing the city of Indianapolis, an outcome upheld Wednesday by the 7th Circuit Court of Appeals.
IndyBar: Indiana Recording Law Change Effective July 1
As of July 1, 2020, all instruments which are to be recorded in the State of Indiana (deeds, mortgages, etc.) will need to comply with a modification to Indiana Code 32-21-2-3(a). Specifically, the Indiana General Assembly passed Senate Enrolled Act 340 during its 2020 session, which included a provision changing an “or” to an “and” in Indiana Code 32-21-2-3(a). The change invoked a requirement of common law “proof”, which is the requirement of a disinterested party to the transaction serving as a witness to the execution of an instrument.
IndyBar: Construction and Conversion Deadlines in the Time of COVID-19: Check Your Loan Documents
Since the COVID-19 pandemic gripped the United States in March 2020, many developers and borrowers with real estate construction or rehabilitation projects underway are faced with the critical question of whether they can adhere to the construction, conversion and other deadlines set forth in the project’s loan documents. Here are some key items to review if COVID-19 may cause the project to miss a critical deadline.
Simon Property calls off $3.6B deal to acquire rival Taubman Centers
Indianapolis-based Simon Property Group Inc. on Wednesday morning announced it has called off its deal to acquire rival shopping center owner Taubman Centers Inc. for $3.6 billion.
Appeals court again denies injunction in Lake Monroe logging case
The Indiana Court of Appeals has again rejected a Monroe County resident’s requested preliminary injunction that would prevent logging from taking place on land near his home.
Lake County property buyer wins appeal after township altered building
A Lake County court ruling for a township that removed light fixtures and historical artifacts from a building it sold after the property had already been purchased was reversed by the Indiana Court of Appeals on Thursday.
COA affirms judgment for Indy car dealership in sale dispute
A consulting company could not convince the Indiana Court of Appeals that it was entitled to judgment as a matter of law in an Indianapolis car dealership dispute that it lost.
Reversal: Landowners, not county, responsible for fixing failing dams near Peru
Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.
Judge certifies class action against rent-to-buy company Rainbow Realty
A federal lawsuit filed against Rainbow Realty, a rent-to-buy real estate company in Indianapolis, will proceed as a class action after the Southern Indiana District Court certified several plaintiffs’ claims including discrimination, failure to disclose and violating state habitability requirements.
Building a new deal: Mediation, ADR gains popularity in construction disputes
Recent data suggests owners, architects, contractors and others involved in the construction process are gravitating toward alternative dispute resolution. Mediation, in particular, is emerging as a preferred – and in many cases, required – option.
Mollmann: Lease, mortgage performance under stay-at-home order
Following Indiana Gov. Eric Holcomb’s March 23 stay-at-home order, tenants, landlords and lenders have been scrambling to review what rights, remedies, and obligations they have under their respective real estate documents.
Utility owes no duty to property owner in fire sprinkler flood dispute
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.
Justices find turnover provision valid, give Floyd County justice center title
After considering a dispute over ownership of a Floyd County criminal justice center, the Indiana Supreme Court on Monday concluded a turnover provision in a lease between the county and the building authority is valid and enforceable. Justices granted title to the county in a long-running dispute.