IT COULD HAPPEN TO YOU
|
|
- Rodger Owen
- 5 years ago
- Views:
Transcription
1 L A N D C O N D E M N AT I O N
2 IT COULD HAPPEN TO YOU Some state government agencies that commonly acquire land by condemnation in North Carolina include the North Carolina Department of Transportation (NCDOT) and the North Carolina Department Your land can be taken away from you. No matter who you are, your property is vulnerable to seizure. Whether you are a land owner, tenant, business owner, farmer, or have another interest in land, your land may be condemned. of Administration (NCDOA) on behalf of other state agencies. Private and local government condemnors can also take your real estate for public uses, such as the construction of: cell phone towers utility poles and cables PUBLIC W H AT I S E M I N E N T D O M A I N? pipelines railroads hospitals public housing The power to condemn privately owned property for public purpose, benefit, or use is known as eminent domain. The entity exercising that power is called the condemnor. W H O C A N C O N D E M N M Y P R O P E R T Y? State, federal, local city/county governments, and private businesses can take your land so long as they are able to show that: 1. the condemnation is for a public use or purpose, and 2. they pay you just compensation for the land that is taken. Just compensation means fair and reasonable compensation. Opinions on what is fair and reasonable often differ markedly. H O W W I L L I K N O W M Y P R O P E R T Y I S B E I N G C O N D E M N E D? You may first learn that your property is being taken for public use when: the project is announced in the media, a public hearing on the project is scheduled, an agent of the potential condemnor enters your land to conduct preliminary surveys or gather engineering or other data, you receive a notice of condemnation, or you notice that your property has been damaged or destroyed by a public taking, but you have never received any notice that your land would be condemned. 2 3
3 No matter how or when you learn that your property is being taken, it is important to seek legal counsel before taking any further action. Call our experienced trial attorneys immediately W H AT A R E M Y R I G H T S? If your property is condemned, you have the constitutional and statutory rights to: prevent condemnation if the taking of your land would not serve a public purpose, benefit, or use. be paid just compensation for the property taken from you. recover moving and related expenses, including replacement housing, relocation assistance, advisory services, and other srvices (subject to various limitations). W H AT S H O U L D I D O? 2. It is important to seek the assistance of counsel before you lose possession or ownership of the land so that an analysis of fair market value can be conducted while you still own and possess the land. 3. The earlier you obtain counsel, the sooner your lawyer will be in a position to protect your rights going forward. Steps you take without the benefit of legal advice may harm your ability to protect your rights. It s important to be aware of your rights and to have an experienced trial attorney on your side to protect your best interests. Visit our website ( to access checklists and guidance for property owners who are facing condemnation. W H AT N O T T O D O! There are many things you should not do before talking with an experienced trial attorney who can protect your rights. In order to protect your right to fair just compensation, we advise you not do any of the following before talking to counsel: Once you learn that your property is being taken or damaged for a public use project by any condemning agency, it is important to contact an experienced trial attorney as soon as possible. Here are a few of the reasons you should do so: 1. There are time limits for taking legal action, depending on who or what entity is condemning your land. 1. Do not discuss the value of your property with any government representative. NCDOT and NCDOA are legally required to attempt good faith negotiations with property owners prior to filing a condemnation lawsuit. Do not engage in negotiations with NCDOT or NCDOA agents yourself. Have the agents contact your eminent domain lawyer. 4 5
4 2. Do not discuss the property with government appraisers. 3. Do not have your land appraised by an appraiser unfamiliar with land condemnation appraisal. 4. Do not challenge the tax assessment of your property. 5. Do not attempt to obtain building permits, variances, zoning changes, subdivision approvals, or any other governmental approvals. Any information you provide may be used to justify condemnation and to reduce your compensation award. If you have already provided the information described above, make sure to tell your lawyer and provide him or her with any information or documents you have provided to the condemnor s agent or appraiser. Visit com for information about your rights as a property owner. of the date the affected property is taken or the completion of the project involving the taking, whichever is later. WHO PAYS THE COSTS OF THE CONDEMNATION PROCEEDING? Win or lose, the NCDOT/NCDOA pays all costs taxed by the Court. Under certain circumstances, these may include reasonable attorney, appraisal, and engineering fees. In an inverse condemnation action, the condemnor may be required to pay these costs. In local private or public condemnations, the Court has discretion to award the owner a sum in reimbursement for charges he/she has paid for appraisers, engineers, and plats, provided such appraisers or engineers testify as witnesses and such plats are received into evidence as exhibits by order of the Court. Under certain circumstances, including inverse condemnation actions against local condemnors, attorney fees may also be awarded. L A N D C O N D E M N AT I O N FA Q WHAT IS INVERSE CONDEMNATION? If your land is taken or harmed and you have not been served with a condemnation complaint or declaration, this is known as inverse condemnation. To obtain compensation for inverse condemnation, you must file your inverse condemnation complaint within 24 months WHAT IS PUBLIC PURPOSE, BENEFIT, OR USE? In 2005, the U.S. Supreme Court, through its controversial opinion Kelo v. City of New London, approved the condemnation of urban land to build commercial properties for the purpose of future economic development. The decision cited that the condemnation was for public benefit even though some of the land would not be open for public use (instead leased to private enterprises) and there was no guarantee that future economic development would occur. 6 7
5 WHAT IS A QUICK-TAKE PROCEDURE? A quick-take procedure is the right of some government agencies to acquire title and possession of a property as soon as they: 1. file a complaint and declaration of taking, and 2. deposit their estimate of just compensation for the taking with the Clerk of Court. For more on these topics, visit our website ( W E C A N H E L P In the state of North Carolina, there are few laws in place to protect property owners from unjust land condemnation. If your property is condemned or seized for public or commercial use, you need an attorney on your side fighting for your rights. L MED LAWMED At HensonFuerst, our experienced litigators will do everything we can to protect your property and to help you obtain just compensation for your property loss. Don t wait to get the help you need. Call today for a free evaluation. David Henson, Carma Henson, Thomas Henson Jr., and Anne Duvoisin 8 9
6 N O T E S
7 LAWL MED MED.com
6. The entity proposing to take your property must make a good faith offer to buy the property before it files a lawsuit to condemn the property.
TEXAS LANDOWNER'S BILL OF RIGHTS This Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents of this Bill of Rights are prescribed by the Texas
More informationEVICTIONS including Lockouts and Utility Shutoffs
EVICTIONS including Lockouts and Utility Shutoffs Every tenant has the legal right to remain in their rental housing unless and until the landlord follows the legal process for eviction. Generally speaking,
More informationPerils in Prejudgment Possession
Perils in Prejudgment Possession What the Changes in Prejudgment Possession Rules Mean for Project Planners and Managers, Acquisition Agents, and Appraisers March 11, 2009 Presented by Rick Friess and
More informationTexas Land Trust Conference March 6, 2015
Texas Land Trust Conference March 6, 2015 James D. Bradbury James D. Bradbury, PLLC Austin Fort Worth An Overview Unique area of law where the government can take private property Protected by the US Constitution
More informationEminent Domain Law and Practice in Minnesota
Eminent Domain Law and Practice in Minnesota Gary A. Van Cleve Larkin Hoffman Law Firm gvancleve@larkinhoffman.com Igor Lenzner Rinke Noonan Law Firm ilenzner@rinkenoonan.com What is Eminent Domain? Right
More informationAcquiring Real Property for Federal and Federal-Aid Programs and Projects
Acquiring Real Property for Federal and Federal-Aid Programs and Projects Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as Amended. Modified specifically for Alaska.
More informationNEVADA EMINENT DOMAIN LAW AND PROCEDURES
Last Revised 7-6-11 NEVADA EMINENT DOMAIN LAW AND PROCEDURES Negotiation/Precondemnation Process: Negotiation Requirements By: Kermitt L. Waters, Esq. and Michael A. Schneider, Esq. Law Offices of Kermitt
More informationCONDEMNATION 101: What Every Real Estate Attorney Should Know
CONDEMNATION 101: What Every Real Estate Attorney Should Know By Hertha Lund LUND LAW, PLLC Neither private individuals nor corporations have the inherent power of eminent domain, in fact, no power conferred
More informationA Property Owner s Survival Guide to Eminent Domain. 10 Things You Must Know When the Government Wants Your Property
A Property Owner s Survival Guide to Eminent Domain 10 Things You Must Know When the Government Wants Your Property nossaman.com/eminentdomain What is Eminent Domain and What are My Rights if the Government
More informationEMINENT DOMAIN LANDOWNER GUIDE What Every Wisconsin Landowner Should Know
LIND WEININGER LLC Madison, WI Wisconsin Eminent Domain and Condemnation Lawyers EMINENT DOMAIN LANDOWNER GUIDE What Every Wisconsin Landowner Should Know Spring 2014 Wisconsin Eminent Domain and Condemnation
More informationPipelines & Eminent Domain THE PROPOSED KINDER MORGAN PERMIAN HIGHWAY PIPELINE OCTOBER 29, 2018 JIM BRADBURY JAMES D.
Pipelines & Eminent Domain THE PROPOSED KINDER MORGAN PERMIAN HIGHWAY PIPELINE OCTOBER 29, 2018 JIM BRADBURY JAMES D. BRADBURY, PLLC The Kinder Morgan Permian Highway Pipeline Project Permian Highway
More informationBUSINESS PROPERTY THE REAL VALUE OF. New Minnesota law gives appraisers a way to establish minimum compensation in eminent domain cases
THE REAL VALUE OF BUSINESS PROPERTY New Minnesota law gives appraisers a way to establish minimum compensation in eminent domain cases BY JOHN SCHMICK Real estate markets are dynamic in nature, constantly
More informationRental Agreement Checklist Answer Key
Rental Agreement Checklist Answer Key 1. How long does the rental agreement last? Line 20, right hand column, below section titled term. Sample agreement states 12 months, and specifies a start of September
More informationIN THE SUPREME COURT OF FLORIDA
IN THE SUPREME COURT OF FLORIDA RICHARD KEITH MARTIN, ROBERT DOUGLAS MARTIN, MARTIN COMPANIES OF DAYTONA BEACH, MARTIN ASPHALT COMPANY AND MARTIN PAVING COMPANY, Petitioners, CASE NO: 92,046 vs. DEPARTMENT
More informationAcquisition IOWA 2015 CDBG MANAGEMENT GUIDE APPENDIX 2 PAGE: 79
Acquisition IOWA 2015 CDBG MANAGEMENT GUIDE APPENDIX 2 PAGE: 79 WHEN A PUBLIC AGENCY ACQUIRES YOUR PROPERTY Introduction U.S. Department of Housing And Urban Development Office of Community Planning and
More informationA Business Owner s Survival Guide to Eminent Domain. 10 Things You Must Know When the Government Wants to Condemn Property
A Business Owner s Survival Guide to Eminent Domain 10 Things You Must Know When the Government Wants to Condemn Property nossaman.com/eminentdomain What is Eminent Domain and What are My Rights as a Business
More informationCENTRAL FLORIDA EXPRESSWAY AUTHORITY EMINENT DOMAIN WORKSHOP
CENTRAL FLORIDA EXPRESSWAY AUTHORITY EMINENT DOMAIN WORKSHOP TYPES OF RIGHT OF WAY ACQUISITION Voluntary Acquisition (Preferred) Involuntary Acquisition through Eminent Domain (Last Resort) TYPES OF VOLUNTARY
More informationI. BACKGROUND. As one of the most rapidly developing states in the country, North Carolina is losing
PROTECTING CONSERVATION EASEMENTS IN EMINENT DOMAIN PROCEEDINGS Presented by W. Edward Poe, Jr. On Behalf of the NC Land Trust Council Environmental Review Commission December 18, 2008 I. BACKGROUND As
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001 FLORIDA WATER SERVICES CORPORATION, Appellant, v. UTILITIES COMMISSION, ETC., Case No. 5D00-2275 Appellee. / Opinion
More informationEviction. Court approval required
Eviction An eviction is a lawsuit filed by a landlord to remove persons and belongings from the landlord's property. In Texas law, these are also referred to as "forcible entry and detainer" or "forcible
More informationEMINENT DOMAIN Educational Series
EMINENT DOMAIN 2017 Educational Series EMINENT DOMAIN OVERVIEW For decades, the Texas Department of Transportation (TxDOT) has been acquiring real property to establish a modern state highway system. The
More informationACQUISITION. Real Property Acquisition For Kansas Highways, Roads, Streets and Bridges
ACQUISITION Real Property Acquisition For Kansas Highways, Roads, Streets and Bridges KANSAS DEPARTMENT OF TRANSPORTATION BUREAU OF RIGHT OF WAY DWIGHT D. EISENHOWER STATE OFFICE BUILDING 700 S.W. HARRISON
More informationEVICTION: THE COURT PROCESS IMPORTANT
EVICTION: THE COURT PROCESS This brochure describes what a private landlord and tenant go through when the landlord is trying to evict the tenant. If you are preparing for trial, pick up Legal Aid Society
More informationRENTERS GUIDE TO EVICTION COURT
RENTERS GUIDE TO EVICTION COURT This booklet briefly describes the eviction process for Chicago renters who are in eviction court at the Daley Center, 50 W. Washington Street, Chicago, IL Subsidized Housing
More informationRent escrow is a legal process tenants may use to force landlords to repair serious or
A Maryland Judiciary Production My Laws, My Courts, My Maryland Rent Escrow Steps: What is Rent Escrow? What Problems May Qualify? The Court Process The Court s Decision Representation Rent escrow is a
More informationAs seen in the September issue of Michigan Lawyers Weekly THE DIMINUTION OF THE GOOD FAITH OFFER PROTECTIONS IN EMINENT DOMAIN PROCEEDINGS
As seen in the September issue of Michigan Lawyers Weekly THE DIMINUTION OF THE GOOD FAITH OFFER PROTECTIONS IN EMINENT DOMAIN PROCEEDINGS By Alan T. Ackerman This article explores whether the minimum
More informationFROM COUNSEL A Preventive Law Service of the Fort Riley Legal Assistance Office Keeping You Informed On Personal Legal Affairs
FROM COUNSEL A Preventive Law Service of the Fort Riley Legal Assistance Office Keeping You Informed On Personal Legal Affairs Kansas Landlord Tenant Law 1. PURPOSE: To provide information regarding entering
More informationTreatment of Property Owners in Redwood City Redevelopment Project
Issue Background Findings Conclusions Recommendations Responses Attachments Treatment of Property Owners in Redwood City Redevelopment Project Issue Did the Redwood City Redevelopment Agency give fair
More information[PROPOSED REVISED] CHAPTER 16 LOS ANGELES COUNTY COURT RULES
[PROPOSED REVISED] CHAPTER 16 LOS ANGELES COUNTY COURT RULES Set forth below is a proposed complete revision of Chapter 16, Eminent Domain, of the Local Rules. September 30, 2009 Commissioner Bruce E.
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 21, 2009 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 21, 2009 Session BENTON COUNTY, TENNESSEE, ET AL. v. VERN FRANKLIN CHUMNEY Direct Appeal from the Circuit Court for Benton County No. 7CCV-1149 Charles
More informationTHE TENSION BETWEEN EXPERT WITNESSES AND COUNSEL
THE TENSION BETWEEN EXPERT WITNESSES AND COUNSEL 1 Paula K. Konikoff, JD, MAI, AI-GRS Michael Rubin, Esq. Rutan & Tucker Moderator Valeo Schultz, MAI Cushman & Wakefield 49 th Annual Litigation Seminar
More informationState Allocation Board Implementation Committee June 6, 2003 LEASE LEASE-BACK AGREEMENTS
State Allocation Board Implementation Committee June 6, 2003 LEASE LEASE-BACK AGREEMENTS This matter is being presented to the State Allocation Board for two purposes: Advise the SAB that projects constructed
More informationRules for the independent resolution of tenancy deposit disputes. 1st Edition, 1st April 2016
Rules for the independent resolution of tenancy deposit disputes 1st Edition, 1st April 2016 Contents Introduction Page 4 Dispute resolution by TDS Custodial Page 4 How adjudication works Page 4 Key adjudication
More informationBLUEPRINT REAL ESTATE POLICY
DATE September 19,2007 TITLE BLUEPRINT REAL ESTATE POLICY ORG. AGENCY Blueprint Intergovernmental Agency APPROVED.01 STATEMENT OF POLICY The purpose of this administrative regulation is to establish a
More informationWHEN A PUBLIC AGENCY IS INTERESTED IN ACQUIRING AN EASEMENT
Form 6-H When a Public Agency is interested in Acquiring an Easement Booklet WHEN A PUBLIC AGENCY IS INTERESTED IN ACQUIRING AN EASEMENT Introduction This booklet describes important features of the Uniform
More informationLAnd Acquisition for PubLic AiRPoRts
LAnd Acquisition for PubLic AiRPoRts How and Why Your Local Government Acquires Real Property U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION introduction Whenever feasible, the Federal
More informationFORENSIC REPORT EXAMINER
WHAT CAN A DO FOR YOU? TELL YOU WHAT YOU DON T KNOW! ANTHONY F. MOLLICA, MAI, CRE, ASA 1601 Bethel Road, Columbus, Ohio 43220 (614) 459-1140 AFMollica@AOL.COM -1- ANTHONY F. MOLLICA, MAI, CRE, ASA The
More informationEMINENT DOMAIN OVERVIEW
EMINENT DOMAIN OVERVIEW Madera County Farm Bureau, March 27 2012 By Andrew Turner www.turner- turner.com Power of Eminent Domain Power of Eminent Domain Power to take private property for public use An
More informationSenate Eminent Domain Bill SF 2750 As passed by the Senate. House Eminent Domain Bill HF 2846/SF 2750* As passed by the House.
Scope Preemption. Provides that Minn. Stat. Chapter 117 preempts all other laws, including special laws, home rule charters, and other statutes, that provide eminent domain powers. Public service corporation
More informationAnatomy Of An Appraisal
Anatomy Of An Appraisal Leslie A. Fields The most important thing to know about an appraisal report is how to review and critique it. Leslie A. Fields a partner with the Law Firm of Faegre & Benson LLP,
More informationWhat happens when the Court is involved in a tenancy deposit dispute?
Who should read this? Key Documents Tenants Agents Landlords What happens when the Court is involved in a tenancy deposit dispute? Here are some pointers from TDS about choosing between sending a dispute
More informationOffice of Community Planning and Development. Introduction
WHEN A PUBLIC AGENCY ACQUIRES YOUR PROPERTY www.hud.gov/relocation U.S. Department of Housing and Urban Development Office of Community Planning and Development Introduction This booklet describes important
More informationRequest for Proposals
Request for Proposals On Call Right-of-Way and Easement Acquisition and Related Services Requested by: Charter Township of Shelby Department of Public Works 6333 23 Mile Road Shelby Township, MI 48316
More informationAssociated Realty Property Management 456 E. Beaver Avenue, State College, PA (814) Fax (814) LEASE
Associated Realty Property Management 456 E. Beaver Avenue, State College, PA 16801 (814) 231-3333 Fax (814) 234-6697 LEASE THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE LANDLORD
More informationLIST OF PRACTICE AREAS
LIST OF PRACTICE AREAS ADMINISTRATIVE LAW ALTERNATIVE DISPUTE RESOLUTION APPELLATE, TRIAL AND LEGAL ETHICS CONSULTING BANKING BUSINESS CONSTRUCTION DEBTOR/CREDITOR EMPLOYMENT ENVIRONMENTAL LAW ESTATE PLANNING
More informationLAND ACQUISITION FOR PUBLIC AIRPORTS
LAND ACQUISITION FOR PUBLIC AIRPORTS How and why your Local Government Acquires Real Property for Public Airports U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Introduction Whenever
More informationMarc J Manderscheid. Shareholder IDS Center 80 South Eighth Street Minneapolis, MN 55402
Shareholder 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 p: 612.977.8280 f: 612.977.8650 mmanderscheid@briggs.com Marc Manderscheid is one of only a very few attorneys to have been certified
More informationKnow Your Rights: A Guide for Tenants Renting in the State of Virginia Introduction Lease Agreements
101 W. Broad St., Suite #101 Richmond, Virginia 23220 804-648-1012 or 800-868-1012 Fax: 804-649-8794 www.cvlas.org 229 North Sycamore Street Petersburg, Virginia 23803 804-862-1100 or 800-868-1012 Fax:
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT GENERAL COMMERCIAL PROPERTIES, INC., Appellant, v. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee. No. 4D14-0699 [October 14, 2015]
More informationAGREEMENT TO ACQUIRE LANDS BETWEEN THE DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS AND. THE CITY OF City, State
AGREEMENT TO ACQUIRE LANDS BETWEEN THE DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS AND THE CITY OF City, State FOR CONDEMNATION ON BEHALF OF THE SPONSOR BY THE CORPS OF ENGINEERS FOR THE
More informationLEGAL PITFALLS OF RIGHT OF WAY : DELAYS IN ACQUISITION. Darby F. Venza, ROW Attorney
LEGAL PITFALLS OF RIGHT OF WAY : DELAYS IN ACQUISITION Darby F. Venza, ROW Attorney WHY NOT JUST GO OUT AND BUY THE LAND? The Acquisition of ROW for TxDOT projects, whether by voluntary purchase, donation,
More informationWind Energy Easements
Wind Energy Easements Prepared by Robert R. Nardi Willeke & Daniels 210 Ridgewood Avenue Minneapolis, MN 55403 (612) 870-4000 Presented by John H. Daniels, Jr. Willeke & Daniels 210 Ridgewood Avenue Minneapolis,
More informationRentersʼ Guide to Eviction Court
Rentersʼ Guide to Eviction Court This booklet briefly describes the eviction process for Chicago renters who are in eviction court at the Daley Center 50 W. Washington St. Subsidized Housing and Housing
More informationRaymond B. Via, Jr Wisconsin Avenue Suite 700W Bethesda, MD Phone: Fax:
2018 Whiteford, Taylor & Preston LLP Raymond B. Via, Jr. Partner 7501 Wisconsin Avenue Suite 700W Bethesda, MD 20814-6521 Phone: 301.804.3611 Fax: 301.804.3641 Email: rvia@wtplaw.com Experience For more
More informationBasic Eviction Defense Training
Basic Eviction Defense Training Volunteer Lawyer Courthouse Project enables volunteer attorneys to represent low-income tenants facing wrongful eviction Provides valuable litigation experience for attorneys
More informationADDRESSES MUST BE CORRECT
An Unlawful Detainer actions is a Special Summary Proceeding, lawsuit that entitles the landlord to statutory priority over other civil cases. Your action still falls in this class as long as procession
More informationWhat Every New Zealander Should Know About Relationship Property
What Every New Zealander Should Know About Relationship Property ARE YOU IN A RELATIONSHIP COVERED BY THE LAW OF RELATIONSHIP PROPERTY? The Property (Relationships) Act 1976 affects the lives of almost
More informationCALIFORNIA INTERACTIVE STUDY GROUP
CALIFORNIA INTERACTIVE STUDY GROUP 1 UNIT 2: BOBRA TAHAN HOWARD HARRIS LAND USE CONTROLS WWW.KAPRE.COM/CAISG Notes for Tonight 1. Chat is the best way to communicate questions. 2. You can use the quick
More informationTalk contents: Bad signs. Remember: Dealing with Tenants Rent Arrears. PART 1 Choosing the tenants. Avoiding bad tenants
Talk contents: Dealing with Tenants Rent Arrears By Tessa Shepperson, Solicitor www.landlordlaw.co.uk www.landlordlawblog.co.uk Part 1 Choosing the tenants Part 2 First default Part 3 - Possession proceedings
More informationWilliam S. Graessle of William S. Graessle, P.A., Jacksonville, for Appellees. In this eminent domain action, the JEA appeals a final order awarding
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JEA, A BODY POLITIC AND CORPORATE OF THE STATE OF FLORIDA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF
More informationJAMES M. RAMSEY, JR., ET AL. OPINION BY v. Record No JUSTICE CLEO E. POWELL APRIL 16, 2015 COMMISSIONER OF HIGHWAYS
PRESENT: All the Justices JAMES M. RAMSEY, JR., ET AL. OPINION BY v. Record No. 140929 JUSTICE CLEO E. POWELL APRIL 16, 2015 COMMISSIONER OF HIGHWAYS FROM THE CIRCUIT COURT FOR THE CITY OF VIRGINIA BEACH
More informationSECTION I PRE-ACQUISITION PLANNING, OFFERS, NEGOTIATIONS, AND RESOLUTIONS OF NECESSITY
SECTION I PRE-ACQUISITION PLANNING, OFFERS, NEGOTIATIONS, AND RESOLUTIONS OF NECESSITY A. PRE-ACQUISITION PLANNING 744267.1 1. In most instances, the process begins with the approval of a project by a
More informationWas Your Landlord Foreclosed?
If you re 60 or over, call your local legal aid office: Eastern CT 800-413-7796 Western CT 800-413-7797 Hartford Area 860-541-5000 Bridgeport Area 800-809-4434 Stamford Area 800-541-8909 New Haven Area
More informationDisplacement and Relocation A. INTRODUCTION B. METHODOLOGY
Appendix F: Displacement and Relocation A. INTRODUCTION This appendix provides additional information to support the analyses provided in Chapter 8, Displacement and Relocation. The focus of Chapter 8,
More informationCONSTRUCTION DEVELOPMENT AGREEMENT TABLE OF CONTENTS
CONSTRUCTION DEVELOPMENT AGREEMENT TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Representations and Agreements Lease Agreement Tenant Improvements
More informationTable of Contents SECTION 1. Overview... ix. Schedule...xiii. Part 1. Origins of Eminent Domain
Table of Contents Overview... ix Schedule...xiii SECTION 1 Part 1. Origins of Eminent Domain Preview Part 1... 1 Origins of Eminent Domain... 3 Definitions... 4 Sources of Eminent Domain Law... 6 Agencies
More informationEviction and Your Defense
Eviction and Your Defense Instructions and Forms August 2015 Table of Contents: Introduction... 1 Should I use this?... 1 Important Information:... 1 Does my landlord need a reason to ask me to move out?...
More informationA.R.S. T. 12, Ch. 8, Art. 2.1, Refs & Annos Page 1. Chapter 8. Special Actions and Proceedings Relating to Property
A.R.S. T. 12, Ch. 8, Art. 2.1, Refs & Annos Page 1 GENERAL NOTES Article 2.1. Private Property Rights Protection Act
More information"What is the amount of just compensation the [plaintiff(s)] [defendant(s)] [is] [are] entitled to recover from the [plaintiff]
Page 1 of 9 BEFORE AND AFTER THE TAKING. (G.S. Chapter 40A). NOTE WELL: Use this instruction only where an easement is taken, the evidence relates to the difference in the fair market value of the property
More informationPark Acquisition Opportunity Fund Grant Rules Adopted by the Metropolitan Council on May 28, 2014 as an Amendment to 2030 Regional Parks Policy Plan
Park Acquisition Opportunity Fund Grant Rules Adopted by the Metropolitan Council on May 28, 2014 as an Amendment to 2030 Regional Parks Policy Plan In 2001, the Metropolitan Council established a Park
More informationSuperior Court, County of Nevada Public Law Center EVICTIONS (UNLAWFUL DETAINER) Landlord Information
Superior Court, County of Nevada Public Law Center EVICTIONS (UNLAWFUL DETAINER) Landlord Information DON T WORRY! This packet looks bigger than it really is. Half of it is forms. Please don t be afraid
More informationOregon Department of Transportation Right of Way Section. Performance Measures
Oregon Department of Transportation Right of Way Section Performance Measures Performance Play Like a Champion Today Winning isn t Everything, it s the Only Thing New ODOT Right of Way Motto? a. To give
More informationTable of Contents SECTION 1. Overview... ix. Schedule...xiii. Part 1. Origins of Eminent Domain
Table of Contents Overview... ix Schedule...xiii SECTION 1 Part 1. Origins of Eminent Domain Preview Part 1... 1 Origins of Eminent Domain... 3 Definitions... 4 Sources of Eminent Domain Law... 5 Agencies
More informationThe RTA covers most rental housing in Newfoundland & Labrador. However, it does not apply to the following:
General Info What is the Residential Tenancies Act (RTA)? In the province of Newfoundland and Labrador, the Residential Tenancies Act, 2000 (RTA) oversees the relationship between residential landlords
More informationCALIFORNIA ASSOCIATION OF REALTORS. Buyer's and Seller's Guide to the California Residential Purchase Agreement
CALIFORNIA ASSOCIATION OF REALTORS Buyer's and Seller's Guide to the California Residential Purchase Agreement (C.A.R. Form RPA-CA) 1 A publication of the CALIFORNIA ASSOCIATION OF REALTORS USER PROTECTION
More informationNOTICE OF INTENT TO ACQUIRE AND GOOD FAITH OFFER
Rev. 01/2011 NOTICE OF INTENT TO ACQUIRE AND GOOD FAITH OFFER June 19, 2010 Mike A. Smith, unmarried 1234 Main Street Columnus, Ohio 43223 Re: FRA-123-3.45 Parcel Number: 4 Interest Acquired: WL THE NOTICE
More informationFREQUENTLY ASKED QUESTIONS MISSOURI EVICTION TRIALS
MISSOURI OFFICE 3740 BROADWAY, 2ND FLOOR KANSAS CITY, MISSOURI 64111 PH: (816) 931-2207 FX: (816) 931-2247 KANSAS OFFICE 4800 RAINBOW BLVD., SUITE 200 WESTWOOD, KANSAS 66205 PH: (913) 262-2207 FX: (913)
More informationDEALING WITH APPRAISERS AND OTHER EXPERTS:
DEALING WITH APPRAISERS AND OTHER EXPERTS: Challenges In Professionalism, Ethics and Related Issues Charles N. Pursley, Jr., Esquire Pursley Lowery Meeks LLP 260 Peachtree Street, Suite 2000 Atlanta, Georgia
More informationALI-ABA Course of Study Eminent Domain and Land Valuation Litigation. January 3-5, 2008 San Francisco, California. Selling Value at Trial
311 ALI-ABA Course of Study Eminent Domain and Land Valuation Litigation January 3-5, 2008 San Francisco, California Selling Value at Trial By County Attorney Chesterfield, Virginia 312 Selling Value at
More informationREPAIRS and MAINTENANCE of RENTAL PROPERTY
REPAIRS and MAINTENANCE of RENTAL PROPERTY You have the legal right to live in a home that is safe and healthy. You must follow the law to get bad rental housing repaired. To fix problems that make a home
More informationDEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Washington, DC Regulation No May 2015
CEMP-CR DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Washington, DC 20314-1000 ER 405-1-19 Regulation No. 405-1-19 29 May 2015 Real Estate ACQUISITION BY CONDEMNATION PROCEEDINGS 1. Purpose. Engineer
More informationFREQUENTLY ASKED QUESTIONS KANSAS EVICTION TRIALS
MISSOURI OFFICE 3740 BROADWAY, 2ND FLOOR KANSAS CITY, MISSOURI 64111 PH: (816) 931-2207 FX: (816) 931-2247 KANSAS OFFICE 4800 RAINBOW BLVD., SUITE 200 WESTWOOD, KANSAS 66205 PH: (913) 262-2207 FX: (913)
More informationIC Chapter 17. Relocation Assistance
IC 8-23-17 Chapter 17. Relocation Assistance IC 8-23-17-1 "Agency" defined Sec. 1. As used in this chapter, "agency" means a department, board, commission, office, or instrumentality of the state, including
More informationOrigins of Eminent Domain Definitions Sources of Eminent Domain Law Agencies with Power to Condemn Limitations on Condemnation Examples of Takings
Course Schedule SECTION 1. (Day 1 Morning) Overview Registration Orientation (Classroom Rules and Procedures) Part 1. Origins of Eminent Domain Origins of Eminent Domain Definitions Sources of Eminent
More information2009 QBS Request for Statement of Interest (SOI) On Call Appraisal Services
2009 QBS Request for Statement of Interest (SOI) On Call Appraisal Services The Kane County Division of Transportation is in need of professional services from an appraisal firm to provide appraisals for
More informationLitigating A Public Infrastructure Eminent Domain Case
Litigating A Public Infrastructure Eminent Domain Case Peter H. Webster, Esq. Dickinson Wright PLLC Friday, June 22, 2018 3:05 3:45 p.m. 20th Annual Michigan Association of Municipal Attorneys ( MAMA )
More informationPrecondemnation Procedures: Acquiring Right of Way in a New World October 9, Presented by David Graeler and Brad Kuhn
Precondemnation Procedures: Acquiring Right of Way in a New World October 9, 2015 Presented by David Graeler and Brad Kuhn Pre-Litigation Phases Project Planning Engineering / Design Appraisal Offer /
More informationIN THE SUPERIOR COURT OF ELBERT COUNTY STATE OF GEORGIA
IN THE SUPERIOR COURT OF ELBERT COUNTY STATE OF GEORGIA CITY OF ELBERTON, GEORGIA, ) ) CONDEMNOR, ) ) CIVIL ACTION v. ) FILE NO. 16-EV-281M ) 0.013 ACRES OF LAND IN THE ) CITY OF ELBERTON, ) ELBERT COUNTY,
More informationHome Buying Service. In this Guide: Finding an Agent. Finding the Right House. Applying for a Loan. Home Inspections.
1 In this Guide: Home Buying Service Finding an Agent Finding the Right House Applying for a Loan Home Inspections and much more 2 Inside This Guide Thank You 3 Step 1: Finding the Right Agent 4-5 Step
More informationP R E S E N T E D B Y Q U E E N S L E G A L S E R V I C E S S U T P H I N B L V D
HARASSMENT P R E S E N T E D B Y Q U E E N S L E G A L S E R V I C E S 89-00 S U T P H I N B L V D., 5 T H F L O O R J A M A I C A, N Y 1 1 4 3 5 I N T A K E M O N - T H U R 1 0 A M - 3 P M, F R I E M
More informationNOISE KEY POINTS WHAT LESSEES CAN DO IF YOU HAVE A PROBLEM. Use the following stepped approach:
NOISE KEY POINTS Many complaints from residents of blocks of flats arise from noise. DIY or building activity, late night music, laminated floors and barking dogs are the main causes. The Government advises
More informationEXCLUSIVE MANAGEMENT AGREEMENT
EXCLUSIVE MANAGEMENT AGREEMENT This Agreement is made on the day of, by and between Real-T-Properties and Associates, Inc., an Illinois corporation (hereinafter The Agent ) and (hereinafter the Owner ).
More informationAICPA Valuation Services VS Section Statements on Standards for Valuation Services VS Section 100 Valuation of a Business, Business Ownership
AICPA Valuation Services VS Section Statements on Standards for Valuation Services VS Section 100 Valuation of a Business, Business Ownership Interest, Security, or Intangible Asset Calculation Engagements
More informationLAW REVIEW, MAY 1994 COMPENSATION FOR CONDEMNED LAND NOT DEVALUED BY PARK DEDICATION
COMPENSATION FOR CONDEMNED LAND NOT DEVALUED BY PARK DEDICATION James C. Kozlowski, J.D., Ph.D. 1994 James C. Kozlowski At the request of the Fairfax County Park Authority (FCPA), the Public Policy Division
More informationReal Estate Services for Corporate Clients. Comcast Headquarters, Philadelphia, PA. Attorney Advertising
Real Estate Services for Corporate Clients Comcast Headquarters, Philadelphia, PA Attorney Advertising National Strength Local Presence Ballard Spahr knows real estate. Whether it s a plant or a pipeline,
More informationOptions to Purchase Real Estate An article on options in the
CONTRACTS BY PETER SIVIGLIA 42 March/April 2016 NYSBA Journal Peter Siviglia has practiced law in New York for more than 50 years, representing clients both domestic and foreign, public and private. He
More informationALABAMA REAL ESTATE COMMISSION ADMINISTRATIVE CODE CHAPTER 790 X 3 DISCIPLINARY ACTIONS TABLE OF CONTENTS
Real Estate Commission Chapter 790 X 3 ALABAMA REAL ESTATE COMMISSION ADMINISTRATIVE CODE CHAPTER 790 X 3 DISCIPLINARY ACTIONS TABLE OF CONTENTS 790 X 3.01 Change Of Address 790 X 3.02 Returned Check Fee
More informationBrad Faiman, NDDOT Right of Way Raymond Barchenger, NDDOT Right of Way
Brad Faiman, NDDOT Right of Way Raymond Barchenger, NDDOT Right of Way 1 Brad Faiman - NDDOT Right of Way Agent 2 Preliminary Certificate of Title (PCT) Fee Simple Acquisitions Permanent Easements Surface
More informationHOUSE AMENDMENT Bill No. CS/HB 411
Senate CHAMBER ACTION 1.... House 2.. 3.. 4 5 ORIGINAL STAMP BELOW 6 7 8 9 10 11 The Committee on Agriculture & Consumer Affairs offered the 12 following: 13 14 Amendment (with title amendment) 15 Remove
More informationDCAA Audit Guidance Discusses Limits on Indirect Costs Allocated to Basic Research Contracts
On December 10, 2009 the Defense Contract Audit Agency (DCAA) issued guidance to its auditors, reminding them that Congress had implemented statutory limits on the percentage of indirect costs that could
More information