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Wednesday, April 21, 2010

Ind. Decisions - "Indiana Supreme Court: Inverse Condemnation Remedy Exclusive When Government Seizes Land Without Condemnation "

Yesterday's Supreme Court decision in Gloria A. Murray, et al. v. The City of Lawrenceburg, et al. (ILB summary here) is the subject of an entry today in the Inverse Condemnation Blog. The entry begins:

A new opinion from the Indiana Supreme Court that reminds us somewhat of the "bizarre condemnation" case now awaiting decision in the New Jersey Supreme Court. In Murray v. City of Lawrenceburg, No. 15S04-0907-CV-310 (Apr. 20, 2010), the court held the claims of a property owner who asserted that the government wrongly occupied her land and leased it to another are subject to Indiana's six year statute of limitations for inverse condemnation claims.
and ends:
The result strikes us as a bit odd, since it is hard to square a six year statute of limitations for inverse condemnation or trespass with Indiana's ten year statute of limitations for adverse possession. See Indiana Code ยง 34-11-2-11 ("An action upon contracts in writing other than those for the payment of money, and including all mortgages other than chattel mortgages, deeds of trust, judgments of courts of record, and for the recovery of possession of real estate, must be commenced within ten (10) years after the cause of action accrues."). If the plaintiffs had ten years to bring an action to confirm their ownership and eject the city, then the property had not yet been permanently "taken" as the court assumed, even if the city has purported to act as owner by leasing it to the casino.

Posted by Marcia Oddi on April 21, 2010 02:25 PM
Posted to Ind. Sup.Ct. Decisions