Business Damages, Mechanics Flashcards
How long does BO have to claim business damages?
180 days from receipt of notice.
O’s bus dmg claim packet shd include what 3 items?
BUSINESS DMGS ----------- RON has snow related bus dmg claims. • Records • Offer, GF. • Nature, extent, amt dmgs
Business damage claim docs to be prepared by.
Owner, CPA or business damage expert familiar w/ owner’s business.
How long for LG to respond to business damages claim?
120 days to accept, reject, or counter.
What if LG fails to timely respond?
Deemed rejection.
How cd LG lack of response to business dmg claim, hurt LG?
Cd cause more AF to be paid by LG to O.
How are AF determined?
AF are based off Benefits Atty got for client.
Dfn. “Benefits” if bus dmg docs provided
BUSINESS DMGS ----------- Diff (excl interest) b/w LG's last written offer b/4 O hired atty & FJ or settlement.
Dfn. “Benefits” if bus dmg docs provided &
if no written offer by CR before O hired atty.
BUSINESS DMGS ----------- Diff b/w FJ or settlement & 1st written offer after atty hired.
What risk does O run if NO bus dmg docs provided
They might later be deemed material to determining dmgs.
Dfn. “Benefits” if NO bus dmg docs provided.
BUSINESS DMGS ----------- Diff b/w LG's last written offer w/i 90 days of receipt of docs. & FJ or settlement.
State 8 prerequisites to claim Business Damages.
Business is Damaged by 5 Public Tenants @ the COPA cabana ROW.
- 5 years
- By a public entity.
- Tenants of BO or BO [lessees may qualify]
- Continuous physical operation @ taking site.
- BO = prop taken O.
- Partial taking.
- Adjoining. Locale is adjoining lands also owned by property owner.
- Taken for ROW.
Do all condemnors pay business dmgs?
No. Only public body, not power company.
To claim bus dmgs, does the taking have to be for a ROW?
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)
Who has B of P?
BO. Must plead + prove.
CR has no burden to put forth evid.
Jury requirement if both parties put forth evid.
W/i range of experts’ testimony.
Jury requirement if LG put forth no evid.
Defensible view of evid, even if less than O’s proof.
How calculate Bus Dmgs in a total taking?
Zero. Prop O gets compensated for land only
#s ----------- What 4 timelines in Land Use & E.D. do I get mixed up?
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
s
What 3 things have a deadline of 120 days?
Hint:
2 = E.D.
1 = Land Use (re: permits)
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.
s
What 3 unrelated things have a deadline of 180 days?
Hint:
1 = ED
2 + 3 = Land Use
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.s
How remember which 3 unrelated items have a deadline of 180 days?
‘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.
s
How remember which 2 items have a deadline of 120 days?
ED Business Dmgs:
presuit: BO = 180, LG = 120
———-
ED Offer of Jmt:
post suit: 120 days aft Answer to 20 days before Trial.
Name a test worthy situation where Bus dmgs are not available to a BO, beside the eligibility criteria.
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.
———–
State DOT v. Standard Oil Co., 510 So.2d 324 (2nd Cir. 1987)
