In this Order the Indiana Supreme Court declines to take up the question of when property is taken by regulation. We post it here to note the statement of Justice Slaughter, who agreed that this case isn't the right vehicle to examine whether Indiana law should adopt a takings test different than the federal test but that he "remains open" to considering it in the right case.
So, Indiana friends, heads-up. Be sure in your next regulatory takings matter, you plead and argue both federal and Indiana takings.
Order at 2.
Order, Duke Energy Indiana,...
