In connection with the COVID-19 pandemic, Indiana Gov. Eric J. Holcomb ordered a temporary moratorium on eviction and foreclosure proceedings that involve residential real estate.Read More
Though Indiana property taxes remain due by May 11, 2020, Gov. Holcomb issued Executive Order #20-005 requiring all Indiana counties to waive delinquent payment penalties for property taxes paid on or before July 10, 2020.Read More
Kent A. “KAB” Brasseale II has been named a Co-Managing Partner of Kahn, Dees, Donovan & Kahn, LLP (KDDK), an experienced full-service law firm dedicated to effectively serving the legal needs of clients since 1908. KAB joins KDDK Co-Managing Partners Jeffrey K. Helfrich and Mark S. Samila. He succeeds Partner Brian P. Williams, who has...Read More
By Matt Rust Landlords using rent-to-own contracts should take a second look at the terms of their agreements following the recent Indiana Supreme Court decision in Rainbow Realty Grp. Empire Holding Corp. v. Carter, 121 N.E.3d 120. In Rainbow, a landlord’s attempt at enforcing an agreement as a land sale contract (sometimes known as a...Read More
In Indiana, real estate may be sold at a “tax sale” if the owner fails to pay real property taxes. Similar to a sheriff’s sale, a tax sale is an auction and prospective buyers bid on a property, hoping it will be a profitable investment. While each county has its own tax sale procedure, all...Read More
A constitutional challenge to Indiana’s Right to Farm Act (“RTFA”) was recently tossed by the Indiana Court of Appeals, rejecting a neighbor group’s claims that a Central Indiana concentrated animal feeding operation (“CAFO”) constitutionally deprived them of their property rights. In Himsel v. 4/9 Livestock, LLC, et al. the neighbors alleged nuisance, negligence and trespassing...Read More
When seeking to monetize a real estate property, real estate owners often attempt to draft a “lease with option to purchase” contract, which provides the occupant with an option, but not an obligation, to purchase the real estate at the end of a defined term. Alternatively, real estate owners may desire to enter into a...Read More
Water drainage problems are a common headache for many property owners. Oftentimes, a landowner’s rights to improve their own land may come at the expense of a neighboring property owner. If someone else has caused water to flood or improperly drain on your property, you may have a right to seek legal action. On the...Read More
Acts of violence have become increasingly commonplace in our society. To protect themselves from liability for such acts, landlords and property owners must understand the duty owed to tenants and invitees. Recent changes in Indiana law have helped define when a landlord and property owner is responsible for third-party criminal attacks occurring on their premises...Read More
As referenced in our prior blogs and seminars, there has been much discussion and litigation involving the scope of the “Water of the United States” definition, and the jurisdictional authority of the federal courts to hear challenges to the definition. Challenges to jurisdictional authority of governmental entities over waterways also exist on the state level...Read More
