Latest Case: Indiana Land Trust Co. v. XL Investment Properties, LLC (Real Estate & Property Law)

Options for Biden’s Supreme Court Reform Commission

MICHAEL C. DORF

Cornell law professor Michael C. Dorf explores several options that Democratic presidential candidate Joe Biden should consider if he wins the election and fulfills his proposal of convening a bipartisan commission of constitutional scholars to study and recommend court reforms. Dorf discusses the benefits and limitations of each option and describes how Congress and a President Biden could implement meaningful court reform that could withstand review by the Supreme Court itself.

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Indiana Land Trust Co. v. XL Investment Properties, LLC

Docket: 20S-MI-62

Opinion Date: October 27, 2020

Judge: Steven H. David

Areas of Law: Real Estate & Property Law, Tax Law

The Supreme Court affirmed the decision of the trial court denying Indiana Land Trust's motion to set aside a tax deed, holding that the LaPorte County Auditor gave adequate notice reasonably calculated to inform Indiana Land Trust Company of the impending tax sale of the property. From 2009 to 2015, the owner of vacant property did not pay property taxes. Through a third-party service, the county auditor sent simultaneous notice of an impending tax sale by way of certified letter and first-class mail to the address listed on the deed for the property. The owner, however, had moved and had not updated its address. Later, notice was published in the local newspaper. The property eventually sold and a tax deed was issued to the purchaser. The original owner moved to set aside the tax deed due to insufficient notice. The Supreme Court affirmed the trial court's denial of Indiana Land Trust Company's motion to set aside the tax deed, holding that the county auditor provided notice reasonably calculated, under all circumstances, to apprise the owner of the pendency of the action and afforded them an opportunity to present their objections.