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Full-Text Articles in Law
The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett
The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett
Michigan Law Review
This Article challenges a foundational assumption about eminent domain- namely, that owners are systematically undercompensated because they receive only fair market value for their property. In fact, scholars may have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of the eminent domain process. The Article examines three ways that "Takers" (i.e., nonjudicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high subjective value properties. (By way of illustration, Professor Garnett discusses evidence that Chicago's freeways were rerouted in the 1950s to avoid …
Not In My Backyard: A Critique Of Current Indiana Law On Land Use Moratoria, Thaddeus R. Ailes
Not In My Backyard: A Critique Of Current Indiana Law On Land Use Moratoria, Thaddeus R. Ailes
Indiana Law Journal
No abstract provided.
Indiana's Implied Warranty Of Fitness For Habitation: Limited Protection For Used Home Buyers, Gregory L. Crider
Indiana's Implied Warranty Of Fitness For Habitation: Limited Protection For Used Home Buyers, Gregory L. Crider
Indiana Law Journal
NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982
Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi
Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi
Indiana Law Journal
No abstract provided.
Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell
Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell
Indiana Law Journal
No abstract provided.
Variance Administration In Indiana - Problems And Remedies, Marcia R. Gelpe
Variance Administration In Indiana - Problems And Remedies, Marcia R. Gelpe
Indiana Law Journal
No abstract provided.
Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver
Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver
Indiana Law Journal
No abstract provided.
Preventing Subdivision Control Evasion In Indiana
Preventing Subdivision Control Evasion In Indiana
Indiana Law Journal
No abstract provided.
Organizing The Townhouse In Indiana
Observations On Condominiums In Indiana: The Horizontal Property Act Of 1963
Observations On Condominiums In Indiana: The Horizontal Property Act Of 1963
Indiana Law Journal
No abstract provided.
Quiet Title Actions In Indiana: Suggested Reform
Quiet Title Actions In Indiana: Suggested Reform
Indiana Law Journal
No abstract provided.
Legislative Revision Of Property Crimes In Indiana
Legislative Revision Of Property Crimes In Indiana
Indiana Law Journal
No abstract provided.
Uniform Property Taxation In Indiana--The Need For A Constitutional Amendment
Uniform Property Taxation In Indiana--The Need For A Constitutional Amendment
Indiana Law Journal
No abstract provided.
Mechanics Liens In Indiana-The Extent Of The Property And Property Interests Subject To The Lien
Mechanics Liens In Indiana-The Extent Of The Property And Property Interests Subject To The Lien
Indiana Law Journal
No abstract provided.
Amortization And Performance Standards In Zoning Regulations: Study Of Existing Nonconforming Uses In An Indiana Community
Indiana Law Journal
No abstract provided.
The Sale Of Mortgaged Real Estate Under The Indiana Gross Income Tax: A Judicial Lesson In Semantics
The Sale Of Mortgaged Real Estate Under The Indiana Gross Income Tax: A Judicial Lesson In Semantics
Indiana Law Journal
No abstract provided.
Taxation - Special Assessments - Due Process - Requirement Of Notice For Repair Of Existing Improvement, Hobart Taylor, Jr.
Taxation - Special Assessments - Due Process - Requirement Of Notice For Repair Of Existing Improvement, Hobart Taylor, Jr.
Michigan Law Review
Plaintiff brought this action against the Board of Commissioners of Wells County, Indiana, to quiet his title to 160 acres of land owned by him in the county and to enjoin enforcement of supplementary drainage assessments upon the property as permitted by Indiana law. Plaintiff contended that the statute creating drainage districts was violative of due process of law and unconstitutional in that it authorized supplementary assessments to be made by the Board of Commissioners without the same notice and hearing which was required before the original assessment could be made. On demurrer, the Wells Circuit Court held for plaintiff …
Executors And Administrators - Distribution Of Surplus Proceeds When Realty Devised Subject To A Condition Is Sold For Debts, E. George Rudolph
Executors And Administrators - Distribution Of Surplus Proceeds When Realty Devised Subject To A Condition Is Sold For Debts, E. George Rudolph
Michigan Law Review
Testatrix devised a house and lot to the trustees of the First Methodist Church Oil the condition that it be used for a parsonage. In administering the estate it became necessary to sell this real estate. Seven thousand dollars was realized by the sale, of which five thousand remained after debts were paid. This action was brought by the executors to determine the respective rights of the trustees of the First Methodist Church, the residuary legatee, and the heirs at law to this five thousand dollar surplus. Held, the condition relating to the use of the realty was rendered …
Adverse Possession - Requirements For Obtaining Title To A Cave By Adverse Possession, Donald M. Swope
Adverse Possession - Requirements For Obtaining Title To A Cave By Adverse Possession, Donald M. Swope
Michigan Law Review
Plaintiff and defendant were owners of adjoining properties. On defendant's land was located the only opening to a cavern, which a remote grantor of defendant discovered in 1893. Since that time, defendant and its immediate and remote grantors have improved the cave for visitors, and conducted persons through it upon the payment of an admission price. With wide publicity, this has continued for almost fifty years. Plaintiff first visited the cave in 1895, paying an admission fee for the privilege, and has visited it several times since. A part of said cave extended under real estate owned by plaintiff, but …
Cognovit Notes-Collateral Security
Future Interests-Implication Of Condition Subsequent In Conveyance In Consideration Of Support-Equitable Aid To Owner Of Right Of Entry
Michigan Law Review
Plaintiff, guardian for one Toft, sues to quiet title to land conveyed by Toft to defendant on May 14, 1931, without solicitation or suggestion on defendant's part. Toft at the time was 74 years old. The deed reserved a life estate in Toft, and provided that the grantee was to take care of the grantor during his lifetime. This was all of the grantor's property except about $500. Defendant left after a quarrel on July 5, 1931, but returned a week later and stayed until January 18, 1932, when Toft threatened her life, and she left and has never returned. …
Notice By Possession Of Real Property V. Record Title, Harvey B. Hartsock
Notice By Possession Of Real Property V. Record Title, Harvey B. Hartsock
Indiana Law Journal
No abstract provided.
Real Property-Conditions Subsequent In Deeds
Real Property-Conditions Subsequent In Deeds
Indiana Law Journal
No abstract provided.
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Michigan Law Review
It is submitted that the terms "interpretation" and "construction" and the verbs "interpret" and "construe" should be used with distinct significations. There are two types of problems with reference to which these terms are used, often ambiguously and unclearly. In one type of problem a question is presented and sought to be answered as to what someone actually or apparently intended. There is an effort to reach a result which was actually desired even though the data tending to show this may be of limited utility. In the other type of problem it is recognized or realized either that there …