Business Damages, Mechanics Flashcards

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1
Q

How long does O have to claim business damages?

A

180 days from notice receipt.

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2
Q

O’s bus dmg claim packet shd include what 3 items?

A
BUSINESS DMGS
-----------
RON has snow related bus dmg claims.
•	Records
•	Offer, GF.
•	Nature, extent, amt dmgs
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3
Q

Business damage claim docs to be prepared by.

A

Owner, CPA or business damage expert familiar w/ owner’s business.

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4
Q

How long for LG to respond to business damages claim?

A

120 days to accept, reject, or counter.

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5
Q

What if LG fails to timely respond?

A

Deemed rejection.

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6
Q

How cd LG lack of response to business dmg claim, hurt LG?

A

Cd cause more AF to be paid by LG to O.

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7
Q

How are AF determined?

A

AF are based off Benefits Atty got for client.

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8
Q

Dfn. “Benefits” if bus dmg docs provided

A
BUSINESS DMGS
-----------
Diff (excl interest) b/w
LG's last written offer b/4 O hired atty
&
FJ or settlement.
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9
Q

Dfn. “Benefits” if bus dmg docs provided &
if no written offer by CR before O hired atty.

A
BUSINESS DMGS
-----------
Diff b/w FJ or settlement 
& 
1st written offer after atty hired.
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10
Q

What risk does O run if NO bus dmg docs provided

A

They might later be deemed material to determining dmgs.

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11
Q

Dfn. “Benefits” if NO bus dmg docs provided.

A
BUSINESS DMGS
-----------
Diff b/w 
LG's last written offer w/i 90 days of receipt of docs.
&
FJ or settlement.
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12
Q

State 8 prerequisites to claim Business Damages.

A

Business is Damaged by 5 Public Tenants @ the COPA cabana ROW.

  1. 5 years
  2. By a public entity.
  3. Tenants of BO or BO [lessees may qualify]
  4. Continuous physical operation @ taking site.
  5. BO = prop taken O.
  6. Partial taking.
  7. Adjoining. Locale is adjoining lands also owned by property owner.
  8. Taken for ROW.
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13
Q

Do all condemnors pay business dmgs?

A

No. Only public body, not power company.

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14
Q

To claim bus dmgs, does the taking have to be for a ROW?

A

Yes. “ROW” is broadly construed to include drainage.
b/c 73.071 (severance) speaks of condemnation of a road, canal, levee, or water control facility right-of-way.
———–
Joynt v. Orange County, 701 So.2d 1249 (Fla. 5th DCA 1997)

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15
Q

Who has B of P?

A

CR has no burden to put forth evid.
Owner must plead and prove.

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16
Q

Jury requirement if both parties put forth evid.

A

W/i range of experts’ testimony.

17
Q

Jury requirement if LG put forth no evid.

A

Defensible view of evid, even if less than O’s proof.

18
Q

How calculate Bus Dmgs in a total taking?

A

Zero. Prop O gets compensated for land only

19
Q
#s
-----------
What 4 timelines in Land Use & E.D. do I get mixed up?
A
Bert Harris:
O = 180 days to claim, LG = 90 days to resp.
----------
ED Business Dmgs:
BO = 180 days to claim, LG = 120 days to resp.
-----------
ED Offer of Jmt:
120 days aft Answer to 20 days before Trial.
-----------
Dev. App:
A)   30 + 30  = 60
B)   (60 x 2)  = 120
C)   120 + 60 = 180
20
Q

s

What 3 things have a deadline of 120 days?

Hint:
2 = E.D.
1 = Land Use (re: permits)

A

ED Business Dmgs:
O = 180 days to claim, LG = 120 days to resp.
———-
ED Offer of Jmt:
120 days aft Answer to 20 days before Trial.
———–
Dev. App. deadline to issue decision w/ findings.
A) 30 + 30 = 60
B) (60 x 2) = 120
C) 120 + 60 = 180
———–
30 days: Rvw & advise if deficient
30 days: Appl corrects deficiency
120 days: Issue decision w/ findings
or
180 days: Issued decision w/ findings IF REQS PH.

21
Q

s

What 3 unrelated things have a deadline of 180 days?

Hint:
1 = ED
2 + 3 = Land Use

A
ED Business Dmgs:  *Bus cd run 300 days!*
BO = 180, LG = 120
-----------
Bert Harris:
O = 180, LG = 90.
----------
Dev. App. , issue decision w/ findings w/ PH.
----
A)   30 + 30  = 60
B)   (60 x 2)  = 120
C)   120 + 60 = 180
-----------
30 days:  Rvw & advise if deficient  
30 days:  Appl corrects deficiency   
120 days:  Issue decision w/ findings      
                    or  
180 days:  Issued decision w/ findings IF REQS PH.
22
Q

s

How remember which 3 unrelated items have a deadline of 180 days?

A

‘B’ert is very ‘B’usiness oriented but Bert has Better lobbyists.
Bus cd run 300 days!
———–
Bert…………………..: O = 180, LG = 90
Bus Dmgs [ED]: BO = 180, LG = 120.
Permits: 180 issue dec w/ findings w/ PH.

23
Q

s

How remember which 2 items have a deadline of 120 days?

A

ED Business Dmgs:
presuit: BO = 180, LG = 120
———-
ED Offer of Jmt:
post suit: 120 days aft Answer to 20 days before Trial.

24
Q

Name a test worthy situation where Bus dmgs are not available to a BO, beside the eligibility criteria.

A

LG takes business, leaves parking lot/storage bldgs/submerged.
i.e., the remainder seeking bus dmg is not where the business was located.
Why? b/c business must be “solicited, accepted, or conducted” on remainder.

25
Q

Must current business dmg claimant be in bus for 5 years @ site?

A

Not person but BUSINESS operate onsite for 5 yrs.
———–
~can buy an ongoing bus = 5 yrs.
~cannot buy a closed bus = start clock starts over

26
Q

Can jury consider stuff other than compensation amt?

A

Yes!
Jury can make factual determination of wh/ bus in operation for 5 yrs.
Why? b/c it is part of determining compensation.