The Indiana Supreme Court Protects Property Rights

 

In a serious challenge to Due Process in basic eminent domain procedure in Indiana, the Indiana Supreme Court reversed the incorrect decision of a trial court and Indiana Court of Appeals affirmance.

The Opinion below provides an appropriate and well-reasoned explanation of how procedure is to apply in a fair fashion in eminent domain proceedings, noting the precedent of the strict construction in favor of the landowner. The Supreme Court recognized the rights bestowed upon owners under the Northwest Ordinance and subsequent Indiana state procedures. Also, for those interested in understanding the delegation, the citation below offers outstanding reading.

As an aside, one has to wonder whether the Fort Wayne Journal Gazette understands that "minutia" means that rights are to be specifically protected. See the writings in January, 2013.

http://www.in.gov/judiciary/opinions/pdf/04111301rdr.pdf

In The Indiana Supreme Court

No. 90S04-1208-PL-450

U

TILITY CENTER, INC. D/B/A

A

QUA INDIANA, INC.,

 

Appellant (Petitioner below),

 

v.