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
A Republican-sponsored bill circulating through the 2018 Indiana General Assembly aims to restrict local governments from regulating the development of natural resources on private property. “Natural resources,” as defined by HB 1289, includes the extraction of mineral resources and the sale or removal of merchantable timber. Recent amendments added to the bill last week, however,...Read More
Having to cope with an unwanted tree that sits directly on one’s property line is an understandable frustration. However, a property owner should exercise caution before taking matters into their own hands because longstanding legal principles do not favor an adjoining neighbor cutting down a tree that sits on the boundary between parcels. When the...Read More
KDDK attorney Shannon S. Frank was the featured speaker at a meeting of the Evansville Condo Network on September 22, 2017. Shannon addressed “Owner/Building Management Issues in Condo Development” to the open meeting of condo board members and residents. The purpose of the Evansville Condo Network is to inform, educate and network about issues that...Read More
There’s good news on the horizon for 2018 rezonings of property in the City of Evansville and in Vanderburgh County. The Area Plan Commission has announced that, after the first of the year, the time frame for the rezoning process will be trimmed in half – from around 90 days to 45 days. Also, the...Read More
This past Tuesday, the U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers proposed a repeal of the controversial 2015 federal waters rule covered by the Clean Water Act. As we have previously reported in blogs and seminars, this very controversial prior rule encompassed management of rivers, streams, wetlands, and other...Read More
