Blog
How Does An Eminent Domain Action Affect Your Mortgage?
By: J. Eric Rochford, Attorney
Generally speaking, your mortgage won’t be negatively affected by a partial land taking. However, depending on the status of your mortgage, your mortgage holder may get involved in your condemnation case and attempt to claim some or all of the proceeds. However, it’s still a good idea to keep your mortgage holder informed of a possible land taking.
Can You Ask the State to Take Your Property Early by Eminent Domain?
By: J. Eric Rochford, Attorney
If you live along the SR 37 corridor that has been identified as the I-69 Expansion Project Section Six that stretches from Indianapolis to Martinsville, you may have asked yourself the above question. Asking the state of Indiana to take your property early relates to what is called hardship/advanced acquisition or protective buying. Hardship/advanced acquisition is a method the state could use to take private property earlier than planned in order to lessen some type of health or financial situation for the property owner. Protective buying is a little different and refers to an action by the government to take a particular piece of land early to prevent imminent development and increased costs within a preferred location for the project.
How much does it cost to hire an eminent domain attorney?
By: J. Eric Rochford, Attorney
Landowners are often concerned that they can’t afford to hire an attorney or that, if they do hire an attorney, the attorney will take most of the settlement proceeds. This is not the case with contingent fees in eminent domain cases. These fee agreements have become commonplace as potential clients prefer not to spend money upfront to hire an attorney and want to have a way to encourage the attorney to get them the most money possible out of their case. Contingent fee contracts are created to do exactly that. In its most basic form, a contingent fee agreement says that a client will not owe an attorney any money for representing them until and unless the attorney obtains a settlement or secures a favorable verdict at trial. In that event, the attorney takes his fee out of the proceeds the clients gets from their case. If an attorney is not able to settle the case and does not win at trial, then the clients owe the attorney no money for his work.
The Indiana Appellate Rules Do Not Allow Exhibits in the Appendix or Citations in Footnotes
By: Arend J. Abel, Attorney
[November 17, 2016]– The Indiana Court of Appeals issued an opinion today in which it said Exhibits should not be put in the Appendix. Sperro, LLC v. Ford Motor Credit Company, LLC. In footnote 4 of the opinion, the Court said:
“Appellants’ and FMCC’s appendices do not comply with the Indiana Rules of Appellate Procedure because they contain exhibits, which are considered part of the transcript and therefore are not to be reproduced in an appendix pursuant to Appellant Rules 29 and 50(F).”
How is just compensation determined in an eminent domain matter?
By: J. Eric Rochford, Attorney
Landowners who face having their land taken by the government for a public project such as a highway, utility easement, or school building have likely heard the term “just compensation”. But what exactly does “just compensation” mean to a landowner? The U.S. Constitution holds the answer (specifically the Fifth Amendment of the U.S. Constitution. Also, Art. 1 § 21 of the Indiana Constitution).
National Lead Poisoning Prevention Week Raises Awareness of Environmental Hazards
The Centers for Disease Control (CDC) has identified the week of October 23 – October 29 to be National Lead Poisoning Prevention Week in an effort to raise awareness about the dangers of lead poisoning. Materials are available to educators and the public to help spread the word about the hazardous effects that lead exposure can have in children of all ages — particularly children under six years of age.
Eminent Domain Answers for Landowners
By: J. Eric Rochford, Attorney
The idea that the federal government can seize your private property sounds unfair. However, the United States Constitution gives the government the right to do just that as long as it is in the interest of the public to do so. What rights do landowners have when the government invokes its right of eminent domain? This article will answer a few questions if you are faced with this situation.
Please – just give me my medical records!
By: Kelley J. Johnson, Attorney
As a medical malpractice attorney, I have the pleasure of speaking with potential clients who believe they are a victim of medical or dental malpractice nearly every day. One of the first questions I always ask them is, “Did you get a copy of your medical records yet?” Amazingly, a very common response that I hear from them is “I asked for my records, but they won’t give them to me.” That is unfortunate because while there are requirements that a patient has to follow to request and receive his or her medical records, a patient is entitled to a copy of their own medical or dental chart.
Patient’s Medical Malpractice Case Allowed to go Forward to Trial
By: Kelley J. Johnson, Attorney
Our Indiana Supreme Court recently reversed summary judgment against a hospital and a doctor allowing a patient’s medical malpractice case to go forward to trial. In the recently issued decision, Siner v. Kindred Hosp. Ltd. Partnership, et al, No. 49S05-1604-CT-219, 2016 WL 1704317 (Ind. Apr. 28, 2016), the Indiana Supreme Court reversed a trial court’s grants of summary judgment to the hospital and the doctor holding that conflicting evidence in the case must be resolved by a trier of fact — a jury.
New Rule Could Give Consumers Back the Right to Take Their Fight to Court
By: Scott D. Gilchrist, Attorney
On May 5, 2016 the federal Consumer Financial Protection Bureau announced a proposed rule that would prevent financial service companies from barring class actions in contracts with their customers. For the past several years, the CFPB has been studying so-called “forced arbitration” clauses in consumer contracts, which require customers to give up their right to take claims to court and prohibit either filing or participating in class actions. In a lengthy report to Congress last year, the CPFB made several findings critical of forced arbitration in consumer contracts.