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Articles 1 - 24 of 24

Full-Text Articles in Law

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett Oct 2006

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 Apr 1997

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 Apr 1982

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 Apr 1979

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 Apr 1973

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 Jan 1973

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 Jan 1971

Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver

Indiana Law Journal

No abstract provided.


Preventing Subdivision Control Evasion In Indiana Apr 1965

Preventing Subdivision Control Evasion In Indiana

Indiana Law Journal

No abstract provided.


Organizing The Townhouse In Indiana Apr 1965

Organizing The Townhouse In Indiana

Indiana Law Journal

No abstract provided.


Observations On Condominiums In Indiana: The Horizontal Property Act Of 1963 Oct 1964

Observations On Condominiums In Indiana: The Horizontal Property Act Of 1963

Indiana Law Journal

No abstract provided.


Quiet Title Actions In Indiana: Suggested Reform Jul 1964

Quiet Title Actions In Indiana: Suggested Reform

Indiana Law Journal

No abstract provided.


Legislative Revision Of Property Crimes In Indiana Jul 1964

Legislative Revision Of Property Crimes In Indiana

Indiana Law Journal

No abstract provided.


Uniform Property Taxation In Indiana--The Need For A Constitutional Amendment Oct 1962

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 Jul 1961

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 Jul 1955

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 Oct 1953

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. Aug 1943

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 Oct 1942

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 Dec 1938

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 Feb 1938

Cognovit Notes-Collateral Security

Indiana Law Journal

No abstract provided.


Future Interests-Implication Of Condition Subsequent In Conveyance In Consideration Of Support-Equitable Aid To Owner Of Right Of Entry Jan 1936

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 Dec 1935

Notice By Possession Of Real Property V. Record Title, Harvey B. Hartsock

Indiana Law Journal

No abstract provided.


Real Property-Conditions Subsequent In Deeds Mar 1933

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 Jan 1931

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 …