In eminent domain action, the Superior Court granted town’s motion for summary judgment, and property owners appealed.
The Court of Appeals affirmed, and property owners appealed and filed a notice of change in the law and verified motion for remand.
The Supreme Court held that, by their plain terms, amendments to the Indiana Code governing procedures for transferring ownership of real property condemned through eminent domain from one private person to another applied retroactively in eminent domain case in which fair market value had not yet been determined.