Legal Opinion · Dissent

Lake Central School Corp. v. Hawk Development Corp.

Indiana Court of Appeals

Decided August 20, 2003No. 45A03-0209-CV-310Published

1DissentSullivan, Judge

Implicit in the majority's opinion is the assumption that because the Lis Pendens *1091Act of 1877 pre-dated passage of the Eminent Domain Act of 1905, the provision of the latter, which stated that the filing of the condemnation complaint constituted notice to all subsequent purchasers and other interest holders, created an exception to the notice requirements of the Lis Pendens Act. I disagree.

The power of eminent domain has been governed by statute since territorial days. See Louis L. Hegyi, Note, Eminent Domain in Indiana: 1816-1865, 54 Ind. L.J. 427 (1979). Therefore it cannot be reliably…

2Cases cited3 opinions

  1. MDM INVESTMENTS v. City of CarmelIndiana Court of Appeals · 2000
  2. State v. CoxIndiana Court of Appeals · 1978
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BeckIndiana Court of Appeals · 1923

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