Supreme Court seems divided in property-rights dispute
A divided U.S. Supreme Court struggled Monday over a property rights dispute that could make it tougher for state and local governments to limit development in coastal areas.
Landowner Issues
Articles
Indiana considers prohibiting cities from banning Airbnb
Indiana cities and towns wouldn’t be allowed to restrict companies such as Airbnb under a proposal state lawmakers are considering as they wade into the parochial matters of property rights and zoning disputes.
7th Circuit rules for CSX in landowner suit
The 7th Circuit Court of Appeals has ruled against a Roachdale couple’s claims against CSX Transportation Company after finding that CSX has not lost its easement to a portion of its railroad track adjacent to the couple’s property.
COA denies rehearing in Lake Michigan public trust case
The Indiana Court of Appeals won’t rehear its Dec. 7 decision finding that the public trust doctrine controls the shore of Lake Michigan between the ordinary high- and low-water marks, allowing people to walk the shore.
Justices remand Bloomington property partition dispute
A woman’s case to partition and sell a Bloomington property will continue after the Indiana Supreme Court reversed a lower court’s finding that the husband and wife with whom the woman purchased the property were not tenants by the entireties of the property.
COA: Adverse possession gives farm owner title to Boone Co. property
The Indiana Court of Appeals has ruled that a farm owner is the legal title holder of a disputed 61-foot-wide portion of a Boone County property, holding that the doctrine of adverse possession gives him the title.
COA: All properties in stormwater district contribute to stormwater system
All property owners within a stormwater district “contribute to” the stormwater system, regardless of whether the property drains into the system, the Indiana Court of Appeals held Wednesday in a case that forces property owners in Richmond to pay a stormwater fee.
Owners of flooded house lose appeal in suit against Valparaiso
A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.
COA holds public trust rights rule along lakeshore
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
Lake Michigan private, public land rights clash before COA
Long Beach, Indiana, is at the center of a landmark dispute between public access and private property rights to the Indiana shore of Lake Michigan.
COA orders couple to pay fees to lot owner’s association
The Indiana Court of Appeals has ordered a couple to pay a Bartholomew County lot owner’s association $6,000 in assessment fees despite the couple’s claim that they are not members of the association.
Pokemon goes to court in backyard monster trespassing case
A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”
Lake Michigan property line dispute arguments set
A dispute over whether the public has a right to walk the beach along Lake Michigan or private property extends to the water’s edge will be heard by the Indiana Court of Appeals Sept. 5.
COA: Buyers had notice property was under lease
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.
COA: Couple proved adverse possession of land along fence
In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.
Appeals court reverses its decision on partition fences
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
Couple must pay taxes on home even if it wasn’t completed
The Indiana Tax Court upheld a decision Wednesday from the Indiana Board of Tax Review which said a couple must pay taxes on their residence whether or not it was completed.
Indy Rezone creates roadmap for city’s future
New ordinance allows secondary dwellings and encourages denser neighborhoods.
COA: Wood boiler cannot be used while court case is pending
The Indiana Court of Appeals reversed the denial of a preliminary injunction sought by a couple, finding they could stop neighbors from using an outside wood boiler during their legal action.
COA: Neither party entitled to summary judgment in ‘household’ definition dispute
The Indiana Court of Appeals held summary judgment is inappropriate for either party in a lawsuit seeking to declare a woman who was renting a home as a member of the household of the homeowners for insurance purposes.