Court fight continues over logging along Lake Monroe
Some property owners along southern Indiana’s Lake Monroe are making a new attempt to stop a neighbor from logging his land.
Real Estate/Construction
Articles
COA rules Right to Farm Act does not violate Constitution
A 28-page opinion issued from the Indiana Court of Appeals on April 22 on the state’s Right to Farm Act is being hailed as the best of rulings and the worst of rulings. The case may be appealed to the Indiana Supreme Court.
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.
Story’s next chapter: Lawyer selling historic, rustic property
Attorney Rick Hofstetter has devoted the last 20 years of his life to the bucolic Brown County hamlet of Story, restoring and preserving the historic community after buying it at a sheriff's sale. Now he says it's time for the town to become someone else's Story.
Appellate court upholds receivership over deteriorating city-owned properties
A long-running legal battle over a deteriorating east side Indianapolis housing complex has once again led to legal defeat for the city, with the Indiana Court of Appeals on Tuesday upholding the appointment of a receiver over the city-owned properties.
Barnes & Thornburg breaks ground on new South Bend office building
On a vacant plot along Main Street across from the federal courthouse in South Bend, Barnes & Thornburg leaders grabbed their shovels Tuesday and helped break ground on a new office building that is not only on the first new construction within the downtown business core in 20 years, but which also will carry the law firm’s moniker.
Lawyer who owns town of Story lists it for $3.8 million
A rustic southern Indiana town that was established in 1851 and is listed on the National Register of Historic Places is up for sale. Its attorney owner has set an asking price of $3.8 million.
Complaint for repayment on promissory note time-barred, COA says
The Indiana Court of Appeals on Friday reversed in part a judgment in favor of man who filed for repayment on a defaulted promissory note, finding his complaint against the purchaser was filed after the statute of limitations passed.
Law: Zany Zillow ‘Zestimates’ zing homeowners
While the 7th Circuit’s decision in Patel v. Zillow likely reinforces what many homeowners and potential homebuyers likely believed about the accuracy of Zillow’s Zestimates or the comparable estimate tools provided by websites such as Trulia and Realtor.com, what it shows about the changing technological market for information on residential homes is equally telling.
Doell & Sen: Are opportunity zones really creating opportunities?
Since the Opportunity Zones program became law more than one year ago, curiosity has grown among investors. Yet, a press release from Preqin, a company providing data, solutions and insights for alternative asset professionals, suggests that curiosity concerning Opportunity Zones isn’t necessarily translating into sizeable dollar figures.
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.
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.
Indiana Senate panel votes down sheriff’s sale notification bill
State lawmakers have killed a bill that would have eliminated the requirement for sheriff’s sales of foreclosed properties to be published in newspapers — a victory for the media industry.
Justices to hear Lake County eminent domain case
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.
Lawyers help vulnerable man overcome exploitation
Looking down at a page filled with words he couldn’t comprehend, Paul Mason was urged to sign on the dotted line. He had no idea he was signing away life as he knew it.
Law exempting Bloomington, W. Lafayette from rental fee cap struck down
Rental property owners in Bloomington and West Lafayette may be getting a reduction in their registration fees after the Indiana Supreme Court struck down the exemption that allowed the college towns to charge more to landlords than the $5 mandated in state statute.
Rent-to-buy contract argued before Indiana Supreme Court
A dispute that could have a far-reaching impact on the sizable rent-to-own housing market in the Hoosier state was presented to the Indiana Supreme Court on Thursday morning with attorneys arguing over the nature of the rent-to-own contract.
Easement allows surrounding properties access, COA rules
The Indiana Court of Appeals affirmed a trial court order determining that a mulch business could have access to an easement owned by a neighboring property, finding that the easement was for the benefit of all surrounding properties.
Legislation aims to tame ‘Wild West’ nature of land contracts
A bill that passed through the Indiana House 82-14 and is now in the Senate would protect families from predatory land contracts. Provisions would require buyers be told the value of the property and how much they will ultimately pay for it if they complete the terms of the agreement, among other protections.
Giordano: Additional insured coverage — Get what you’re bargaining for
Many contracts require one party to name the other as an “additional insured,” but too often without specifying the scope of coverage required. This is problematic because coverage for additional insureds comes varied, and the parties may have different ideas of what coverage the contract requires.