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
While it is commonly held that land use and zoning analysis for a new development – or new use of an existing development – should begin during the site selection process, there is a common misconception that only the owner of a property can seek a rezoning or other land use approvals. Actually, a prospective...Read More
[vc_row][vc_column][vc_column_text] New Leader, New Rules: The President Trump White House and impactful environmental and commercial real estate law developments [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_column_text]Whether you’re involved in the design, purchase, sale, lease, construction, redevelopment, or remediation of commercial property, the stakes are too high to not be in compliance with the latest rules and regulations. In this FREE...Read More
To avoid penalties and unwanted litigation, individuals and businesses operating private septic systems may be required to apply for permits to connect to public sanitary sewer systems to comply with the Indiana Court of Appeals’ recent interpretation of Indiana Code § 36-9-23-30 in Town of Clear Lake v. Hoagland Family Limited Partnership. In Hoagland, Hoagland...Read More
The Indiana Court of Appeals recently held that an Indiana landowner’s attempt to exclude the public from access to waterfront property on Lake Michigan was contrary to Indiana law. Specifically, this homeowner sought a declaratory judgment to confirm his alleged right to exclude the public. In addition to ruling that the public has access to...Read More
