Articles

Tax sale for which landowner wasn’t given notice reversed

The LaPorte County auditor’s failure to check records that would have revealed the actual address of a Michigan City property owner whose land was sold without notice for back taxes was a denial of constitutional due process, the Indiana Court of Appeals ruled Tuesday. The appeals court reinstated the landowner’s challenge to the tax sale results and remanded the case.

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Introduced, debated but not passed in the General Assembly

Not every bill introduced gains the traction needed to get to the governor’s desk. Many times, a proposed new law fails to get a committee hearing, or it stalls once it reaches the floor. Other times, as a measure progresses through the Statehouse, it ignites disagreements that are ultimately too much to overcome.

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Neighbors ask for rehearing on Right to Farm Act dispute

Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.

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COA: No error in ruling over disputed gravel driveway

A dispute between two neighbors concerning who was permitted use a gravel driveway splitting their properties ended in favor of a woman who argued she paid taxes and had been using the entry for more than 20 years before her neighbors showed up.

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Lewinski: Challenged to “Locke” into a property rights resolution

In the curriculum for business ethics that I teach to students at Butler University’s Lacy School of Business, we cover John Locke and his notion of private property rights – natural rights that existed for each individual in the state of nature. Locke contended that men left that state of nature, in part, because the challenge of enforcing those rights led to a state of war. In more than 30 years of real estate litigation practice, I have seen what often looks like that state of war play out between litigants.

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COA affirms denial in LaPorte farmland trust dispute

A successor trustee who argued his late uncle’s farmland should be converted to a supervised estate was rejected when an appellate panel found a trust agreement’s language — or lack thereof — failed to make the farmland property of the trust.

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7th Circuit case highlights confusion over online home value ‘Zestimates’

The 7th Circuit both rejected proposed class action lawsuit against the website Zillow, but Realtors and real estate attorneys still have concerns about whether its “Zestimates” are unnecessarily misleading. Zillow, however, insists its estimation practices are transparent and legal, thus making their home valuations a beneficial tool for buyers and sellers.

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IU profs contribute to ruling upholding short-term rental regulation

With the help of an amicus brief from several professors — including two from the Indiana University Kelley School of Business — Santa Monica, California successfully urged the 9th Circuit Court of Appeals to uphold its local regulation of short-term rental properties offered through websites such as Airbnb.

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