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Law - IRS forfeiture issue, involving "structuring" deposits, in the news again

Some of you will remember this Oct. 27, 2014 ILB post headed "Eye-Opening NYT Story: Must Read For Attorneys and Small Business Owners." And don't overlook the last paragraph, referencing a 7th Circuit opinion by Judge Hamilton. Today the Washington...

Posted in The Indiana Law Blog on April 5, 2017 10:50 AM

Ind. Law - Still more on "Could Indiana pass forfeiture reform this year?"

Updating this March 2nd ILB post on civil forfeiture, here is the current printing of Senate Bill 8, which has passed the Senate and is now in House Courts and Criminal Code, where it has not yet been set for...

Posted in The Indiana Law Blog on March 7, 2017 09:33 AM

Ind. Law - More on "Could Indiana pass forfeiture reform this year?"

Updating this ILB post from Jan. 17th, and adding to this very long list of ILB posts on the issue, Senate Bill 8 passed the first house Feb. 28th. The Institute for Justice issued this news release yesterday. Some quotes:The...

Posted in The Indiana Law Blog on March 2, 2017 09:25 AM

Ind. Gov't. - More on "Lawmaker seeks to untangle regulations on African-American hair-braiding"

The IndyStar's Fatima Hussein reports today:Stylists who specialize in braiding hair would no longer have to attend beauty school under a bill approved by the Indiana House on Monday. House Bill 1243, sponsored by Rep. Tim Wesco, R-Osceola, passed Monday...

Posted in The Indiana Law Blog on February 15, 2017 01:35 PM

Ind. Gov't. - More on: Charlestown Ind. Plans to Bulldoze Low-income Neighborhood for Private Development

Updating this last ILB post from yesterday, the NY Times this morning has a long story by Monica Daey on Charlestown, Indiana, headed "Where a City Sees Decay, Neighbors Fight to Save a Community." Some quotes:Residents of the neighborhood, who...

Posted in The Indiana Law Blog on February 11, 2017 11:47 AM

Ind. Gov't. - Charlestown Ind. Plans to Bulldoze Low-income Neighborhood for Private Development

Elizabeth Beilman reported last fall for the Clark County News & Tribune, in a very long Sept. 26, 2016 story, that Charlestown’s Pleasant Ridge subdivision, a neighborhood of about 350 homes, has become the focus of a redevelopment project:For years,...

Posted in The Indiana Law Blog on February 10, 2017 01:17 PM

Law - "Should Police Be Allowed to Keep Property Without a Criminal Conviction?"

That is the headling of a long, timely article today by Scott Rodd of Stateline, a publication of the PEW Charitable Trusts. And it focuses on Indiana. The article begins:When Sean Devonish and Jeremy Keets, two friends from Indianapolis, set...

Posted in The Indiana Law Blog on February 8, 2017 02:03 PM

Ind. Law - "Could Indiana pass forfeiture reform this year?"

Could Indiana pass forfeiture reform this year? Ohio did earlier this month - see this Jan. 5th ILB post headed "Ohio Gov. Kasich signs bill limiting use of civil forfeiture." Today Fatima Hussein of the Indianapolis Star reports:At least eight...

Posted in The Indiana Law Blog on January 17, 2017 10:11 AM

Law - "Jeff Sessions and Civil Forfeiture"

That was the heading to an editorial that appeared Dec. 26, 2016 in the $$ Wall Street Journal. Some quotes:The all-too-common practice allows law enforcement to take private property without due process and has become a cash cow for state...

Posted in The Indiana Law Blog on December 29, 2016 10:35 AM

Courts - Depositing less than $10,000 in the bank at once; some hope for those whose assets were seized

Some quotes from a July 1st story in the Washington Post, reported by Rachel Weiner, headed "Maryland dairy farmer fought the Justice Department — and (finally) won." [ILB emphasis added]Four years after federal agents showed up at his Frederick, Md.,...

Posted in The Indiana Law Blog on July 28, 2016 10:43 AM

Ind. Decisions - Still more on: Institute for Justice files suit challenging Indy civil forfeiture system - suit will move forward

Updating this ILB post from Feb. 10, 2016, and this follow-up from the next day, last evening the Institute for Justice send out a news release headed "Challenge to Policing for Profit in Indianapolis Will Move Forward: Marion County judge...

Posted in The Indiana Law Blog on July 22, 2016 07:08 AM

Ind. Gov't. - More on: Institute for Justice files suit challenging Indianapolis civil forfeiture system

Updating the ILB post from yesterday, Kristine Guerra of the Indianapolis Star has a lengthy, front-page story today on the lawsuit, headed "Indy officials face lawsuit alleging misuse of civil forfeiture funds." A few quotes:The lawsuit, which was filed today...

Posted in The Indiana Law Blog on February 11, 2016 10:42 AM

Ind. Gov't. - Institute for Justice files suit challenging Indianapolis civil forfeiture system

The ILB has posted many entries on civil forfeiture and on Indiana's system. Today the national Institute for Justice has announced that it has filed suit in Marion County challenging the constitutionality of Indianapolis' civil forfeiture practices. From the 26-page...

Posted in The Indiana Law Blog on February 10, 2016 02:13 PM

Courts - More on "What Happens To A Texas Veterinarian Could Make A Difference In What You’re Allowed To Say"

This Nov. 24th ILB post included this quote from Above the Law:When the United States Supreme Court holds its next conference this Tuesday, November 24, the Justices will consider whether to grant certiorari in the case of Hines v. Alldredge....

Posted in The Indiana Law Blog on November 30, 2015 02:15 PM

Law - "Police Use Department Wish List When Deciding Which Assets to Seize"

Another long, shocking civil asset forfeiture story, this one today in the NY Times. Shaila Dewan reports:The seminars offered police officers some useful tips on seizing property from suspected criminals. Don’t bother with jewelry (too hard to dispose of) and...

Posted in The Indiana Law Blog on November 10, 2014 11:55 AM

Law - Eye-opening NYT story: Must read for attorneys and small business owners

"Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required" is the headline of this front-page Sunday NY Times story by Shaila Dewan. Don't miss reading a word of it. A few quotes:ARNOLDS PARK, Iowa — For almost 40 years,...

Posted in The Indiana Law Blog on October 27, 2014 08:39 AM

Ind. Gov't. - "Indiana residents fight city’s home-seizure plan"

Aalia Shaheed of Fox News reports today in a story that begins:Indiana residents are fighting to save their homes as their local government weighs a sweeping plan to demolish them to make way for new development, in a case critics...

Posted in The Indiana Law Blog on October 24, 2014 09:44 AM

Ind. Gov't. - "Charlestown residents continue fight to preserve neighborhood"

A July 7th story from Alex Schuman, WHAS11 Louisville, reports:CHARLESTOWN, Ind. (WHAS11) – Crowds waited outside Charlestown City Hall Monday evening with a serious message. “Demolishing the Pleasant Ridge neighborhood will send a deafening message that the American dream is...

Posted in The Indiana Law Blog on July 31, 2014 09:08 AM

Law - "A Clash Over Who Is Allowed to Give You a Brighter Smile"

Recall the story by Lesley Weidenbener, quoted in this May 13th post, headed "Pence makes good on promise to oppose new regulations." And the May 9th story by Mary Beth Schneider, headed " "Gov. Mike Pence vetoes professional licensing bills,"...

Posted in The Indiana Law Blog on May 27, 2013 03:30 PM

Law - More on "Alabama Undermines its Post-Kelo Eminent Domain Reform Law"

Updating yesterday's ILB entry, which mentioned "what may have been [Indiana's] first test of its 'post-Kelo' statute with the ruling issued by a trial court Wednesday in a dispute over a Ball State taking of property through eminent domain," Nick...

Posted in The Indiana Law Blog on April 4, 2013 09:00 AM

Ind. Gov't. - "License requirements vary wildly New study looks at fees, education needed for Indiana blue-collar jobs"

Niki Kelly of the Fort Wayne Journal Gazette reported yesterday on occupational licensing. Some quotes:A new national study on the burdens of occupational licensing found that one in three workers needs a government license to work in blue-collar fields. That...

Posted in The Indiana Law Blog on May 28, 2012 10:27 AM

Ind. Courts - More on"Judge hears school-voucher lawsuit"

Updating this ILB entry from yesterday, Tom LoBianco of the AP reported late yesterday on the proceeding:An Indianapolis judge plans to decide within 30 days whether Indiana’s sweeping new school voucher law violates church-state separation clauses in the Indiana Constitution....

Posted in The Indiana Law Blog on December 20, 2011 03:33 PM

Law - Asset forfeitures where local and federal authorities cooperate in seizing assets

Note: Access to the WSJ is free, at least for today. I don't know whether that applies to earlier stories ... In several earlier entries on asset forfeiture in Indiana, mention has been made that rather than sending a portion...

Posted in The Indiana Law Blog on August 30, 2011 12:17 PM

Ind. Courts - "Teachers' union seeks to block voucher law" [Updated]

Niki Kelly has the story today in the Fort Wayne Journal Gazette. Some quotes:The Indiana State Teachers Association filed a lawsuit Friday in Marion Superior Court, requesting a preliminary injunction against the implementation of Indiana’s recently enacted school voucher law....

Posted in The Indiana Law Blog on July 1, 2011 10:35 AM

Ind. Decisions - Supreme Court decides civil forfeiture case

In Martin Serrano v. State of Indiana and the City of Fort Wayne, an 8-page, 5-0 opinion, the Court reverses a trial court decision. Chief Justice Shepard writes:Civil forfeiture is a device, a legal fiction, authorizing legal action against inanimate...

Posted in The Indiana Law Blog on April 27, 2011 12:52 PM

Ind. Law - More on: Asset forfeiture laws and the Common School Fund

Updating this ILB entry from Sunday, August 15th, the Indianapolis Star has now posted on line Sunday's lengthy story by Tim Evans and Heather Gillers headlined "Despite law, schools get little of assets seized from crime suspects." Some quotes:Critics say...

Posted in The Indiana Law Blog on August 17, 2010 08:18 AM

Ind. Law - Asset forfeiture laws and the Common School Fund [Updated]

The Indianapolis Star has a long front-page story today on asset forfeitures, pointing out that such monies are required by law to go to the Common School Fund, but hardly ever make it there because law enforcement entities first deduct...

Posted in The Indiana Law Blog on August 15, 2010 05:56 PM

Law - "Illinois hair-braiding bill offers regulatory compromise"

The Sunday NWI Times had this lengthy story by Karen Hawkins -- some quotes:Oumou Wague has been braiding hair in her Chicago shop for more than a decade, carrying on a tradition passed down for generations in her native Senegal....

Posted in The Indiana Law Blog on May 3, 2010 12:25 PM

Ind. Law - "Police reaping more drug money"

Some quotes from a long story today by Jeff Wiehe of the Fort Wayne Journal Gazette:In recent years, both the Fort Wayne Police and Allen County Sheriff’s departments have seized a growing amount of money in federal cases. Unlike in...

Posted in The Indiana Law Blog on May 2, 2010 04:33 PM

Law - "New Institute for Justice Report on Asset Forfeiture"

The ILB has had many entries on asset forfeiture. Today Ilya Somin at The Volokh Conspiracy highlights "an important new report detailing the many abuses of property rights in the asset forfeiture system." A sample from the entry:The authors also...

Posted in The Indiana Law Blog on April 7, 2010 10:44 AM

Courts - "More court cases to test campaign-finance limits"

Supplementing this ILB entry from Jan. 25, 2010, is this long story today by Fredreka Schouten of USA TODAY. Some quotes:WASHINGTON — With corporations and unions now free to spend unlimited amounts on campaign ads, a series of court challenges...

Posted in The Indiana Law Blog on January 27, 2010 08:50 AM

Law - Not much has changed with eminent domain

The Wall Street Journal has a freely-available opinion piece this morning titled "Let There Be 'Blight' Welcome to the post-Kelo world" that is well worth a read. It begins:SEATTLE--The city of Burien, Wash., recently decided that a piece of property...

Posted in The Indiana Law Blog on January 11, 2007 08:30 AM

Law - Eminent domain laws - more bark than bite?

Here is an interesting story that was in the Boston Globe last Sunday, titled "Eminent domain is dead! (Long live eminent domain!)". Here is oe section from the lengthy article:But while virtually every state, including Massachusetts, is considering legislation to...

Posted in The Indiana Law Blog on April 18, 2006 04:54 PM

Law - Yet more on: Those fighting over wine fees include Indiana law professor

Updating this March 28th ILB entry about disputes between the winning lawyers in the U.S. Supreme Court wine shipping case, Granholm v. Heald, is a story today by Tony Mauro in Legal Times. Some quotes:A fee dispute broke out among...

Posted in The Indiana Law Blog on April 10, 2006 07:45 PM

Law - "What limits on eminent domain? Norwood [Ohio] case is key national test"

"What limits on eminent domain? Norwood case is key national test" is the headline to a story today in the Cincinnati Enquirer about an oral argument heard yesterday before the Ohio Supreme Court. Here is the beginning of the interesting...

Posted in The Indiana Law Blog on January 12, 2006 09:12 AM

Ind. Law - Hurst bean factory in way of new Colts stadium; in Ohio, a standoff reaches state's highest court

There has been plenty of coverage here in Indianapolis on the question of whether "N.K. Hurst Co. will remain on the southeast corner of the four-city-block site of the new Indiana Stadium," including this John Ketzenberger Indianapolis Star business column...

Posted in The Indiana Law Blog on January 8, 2006 09:11 AM

Law - Wall Street Journal features losing party in eminent domain suit - Kelo v. City of New London; earlier NY Times report on project status

This feature story, that I read in yesterday's print version of the Wall Street Journal, is available here online today on the Opinion Journal. The headline: "Home for Christmas - Susette Kelo's story: from humble abode to eminent domain." Some...

Posted in The Indiana Law Blog on December 25, 2005 08:55 AM

Ind. Law - Reports of yesterday's hearing on eminent domain

The legislaive Interim Study Committee on Eminent Domain met yesterday for the first time. Lesley Stedman Weidenbener reports in the Louisville Courier Journal. Some quotes:Mishawaka Mayor Jeff Rea said his community was able to purchase 60 properties to build a...

Posted in The Indiana Law Blog on August 11, 2005 07:43 AM

Law - More on eminent domain

Updating the ILB entry from Sunday, 7/31/05 -- Andrea Neal has a lengthy piece today that appears in both the Indianapolis Star (here) and the Evansville Courier& Press (here) that begins:Long before the Supreme Court's explosive ruling to expand the...

Posted in The Indiana Law Blog on August 3, 2005 08:24 AM

Law - U.S. Supreme Court considers Poletown-type case

Tony Mauro, writing for Legal Times, reports today that "Major Land Use Case Lands on Supreme Court's Doorstep." Some quotes:A case that raises what property rights advocates say may be the most important land use issue in decades goes before...

Posted in The Indiana Law Blog on September 27, 2004 10:48 AM

Law - Michigan Supreme Court Strikes Down 1981 Poletown Decision

In a lengthly Indiana Law Blog entry from May 11, 2003, on the use of eminent domain for private development, there is discussion of the 1981 Poletown Neighborhood Council v. City of Detroit decision where: "The Michigan Supreme Court ruled...

Posted in The Indiana Law Blog on July 31, 2004 01:15 PM