Business Damages, Mechanics

Question 1

How long does BO have to claim business damages?

Answer 1

180 days from receipt of notice.

Question 2

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

Answer 2

RON has snow related bus dmg claims.
• Records
• Offer, GF.
• Nature, extent, amt dmgs

Question 3

Business damage claim docs to be prepared by.

Answer 3

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

Question 4

How long for LG to respond to business damages claim?

Answer 4

120 days to accept, reject, or counter.

Question 5

What if LG fails to timely respond?

Answer 5

Deemed rejection.

Question 6

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

Answer 6

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

Question 7

How are AF determined?

Answer 7

AF are based off Benefits Atty got for client.

Question 8

Dfn. “Benefits” if bus dmg docs provided

Answer 8

Diff (excl interest) b/w
LG’s last written offer b/4 O hired atty
&
FJ or settlement.

Question 9

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

Answer 9

Diff b/w FJ or settlement
&
1st written offer after atty hired.

Question 10

What risk does O run if NO bus dmg docs provided

Answer 10

They might later be deemed material to determining dmgs.

Question 11

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

Answer 11

Diff b/w
LG’s last written offer w/i 90 days of receipt of docs.
&
FJ or settlement.

Question 12

State 8 prerequisites to claim Business Damages.

Answer 12

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.

Question 13

Do all condemnors pay business dmgs?

Answer 13

No. Only public body, not power company.

Question 14

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

Answer 14

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)

Question 15

Who has B of P?

Answer 15

BO. Must plead + prove.

CR has no burden to put forth evid.

Question 16

Jury requirement if both parties put forth evid.

Answer 16

W/i range of experts’ testimony.

Question 17

Jury requirement if LG put forth no evid.

Answer 17

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

Question 18

How calculate Bus Dmgs in a total taking?

Answer 18

Zero. Prop O gets compensated for land only

Question 19

s

What 4 timelines in Land Use & E.D. do I get mixed up?

Answer 19

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

Question 20

s

What 3 things have a deadline of 120 days?

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

Answer 20

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.

Question 21

s

What 3 unrelated things have a deadline of 180 days?

Hint:
1 = ED
2 + 3 = Land Use

Answer 21

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.

Question 22

s

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

Answer 22

‘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.

Question 23

s

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

Answer 23

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

Question 24

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

Answer 24

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)

Question 25

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

Answer 25

No, not claimant. Need BUSINESS to operate on site for 5 yrs.
~can buy an ongoing bus = 5 yrs.
~cannot buy a closed bus = start clock starts over

Question 26

Can jury consider stuff other than compensation amt?

Answer 26

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

Question 27

BO makes an offer but LG does not respond.
How might that impact its AF?

Answer 27

No response = counteroffer of zer0.
—
Increased AF if shd have accepted.