Legal Opinion
Penn Central Corporation v. U.S. Railroad Vest Corporation Beverly D. Crone, Auditor of St. Joseph County
Court of Appeals for the Seventh Circuit
Decided March 3, 1992No. 91-2608PublishedCited by 30 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Suppose that Indiana passed a law which said that if you file an affidavit that your neighbor’s property has been abandoned and really belongs to you, then after six months the property really will be yours— period — just by virtue of your filing the affidavit. There would be no doubt that the law violated the due process clause of the Fourteenth Amendment. A state is not allowed to take a person’s property without notice and an opportunity for a hearing and give it to someone else. Remarkably, that is what the State of Indiana has done, and we must decide whether it…
2Cases cited35 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Parratt v. TaylorSupreme Court of the United States · 1981
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Zinermon v. BurchSupreme Court of the United States · 1990
30 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Robert Siebert and Pamela Siebert v. David SeverinoCourt of Appeals for the Seventh Circuit · 2001
- Schiller & Schmidt, Incorporated v. Nordisco CorporationCourt of Appeals for the Seventh Circuit · 1992
- Consolidated Rail Corp. v. LewellenIndiana Supreme Court · 1997
- Haimbaugh Landscaping, Inc. v. JegenIndiana Court of Appeals · 1995
- Youakim v. McDonaldCourt of Appeals for the Seventh Circuit · 1995
25 more not listed; retrieve them via the Exa API.