Originally Posted by
pumpkin
Just wanted to say this about eminent domain. The people are entitled to a trial by jury concerning their property and the states ability to take it. I have read the code of my state concerning eminent domain and it conflicts with the rules of court, and by state law, are therefore without force or effect (this is part of Indiana code itself, the rules of court control the courts, not the legislature). These preceedings are in equity, as it would take equity, not law to force the sale of a property. Equity jurisdiction is pathetically weak. The code on eminent domain even specifically employs the use of 'an appearance notice' (same as a traffic ticket). Appearance tickets DO NOT ESTABLISH IN PERSONAM JURISDICITON. That is only accomplished (per the rules of court) by a summons. The code also narrows the allowable pleadings (just as a traffic ticket does) against the rules of court, which I have already stated, is by code, therefore without force or effect.