E.D. Phrases Flashcards
What 10 items must you state in ED complaint?
(1) Demand prop condemned, title vest in LG
(2) GF negotiation
(3) Mobile home on prop.
(4) Public purp.
(5) Authority
(6) public Necessity - SCALE
(7) Interest to obtain
(8) Names, residences + legal disabs of interest Os
(9) ID property
(10) Survey performed, in GF will construct over property.
Public necessity factors
It’s a NECESSITY to WEIGH on a SCALE.
———–
LG must show it properly weighed these 5 factors in order to establish necessity SCALE
1 Safety considerations.
2. Cost
3. Avail of alternate routes
4. Long range planning
5. Environmental Factors
How does burden of proof shift?
LG proves it has pub purp + nec.
O proves it has DIBs.
— abuse of Discretion, Illegality, Bad faith
For O (as opposed to BO), what are ALL 7 ITEMS O’s Notice must include?
Notice O has a rt to Offer his CAFA & I.D. Parts to Stay Natural. [*he’s not a businessman so gets an offer [BO settles].
———–
(1) Offer (can include, or do separately)
(2) Costs (73.091)
(3) atty’s Fees (73.092)
(4) get App, maps + plans (if prepped - can file Slow w/o app) in 15 days upon request
(5) PID
(6) Part or all.
(7) Nature of project on THE PROP. [not adjacent, as in BO]
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Alternate: Noticing E.D. reveals Owner’s 15 PORN Parts.
For BO (as opposed to O), what are ALL 8 ITEMS BO’s Notice must include?
Notice Bus O has a Right to Settle his CASA & I.D. Part to stay Natural.
———–
(1) Rts on submitting, Settling & entitlements.
(2) Costs (73.091)
(3) AF
(4) Severance/bus dmgs/comp/jury (73.071)
(5) get App (+ if prepped, maps + plans) in 15 days upon request
(6) pI.D.
(7) Part or all.
(8) Nature of project on ADJACENT PROP [not the prop, as in Fee O].
What 6 items does full comp include?
Full Comp pays for FIVE MoveS
————
Full comp pays for:
1. attys Fees + costs
2. Interest
3. actual fair mkt Value at time of lawful appropriation.
4. Expert fees, costs.
5. MOVing costs.
6. Severance.
Distinguish Public Purp v. Pub Necessity.
there is a Purposeful Quality in Nature
i have a Necessity to Select Quantity
———–
Purp: Quality & Nature of the project.
Nec: Quantity & Selection of the property.
What does FL’s Constitution provide at Art I, Sec 9?
“I” am Due “9” lives.
———–
Due Process.
No deprive LIFE, lib or prop w/o DP of law.
What is provided in Art 10, Sec 6 of the FL constitution?
106 ~ ED’s highest (fullest) #’d const reference = FULL $COMP$
———-
Entitled “Eminent Domain”
———–
Can’t take:
1. w/o pub purp & w/ FULL COMP.
2. To convey to private O unless by State law.
———–
Can take for:
Easements to drain 1 Os prop onto or thru another’s
What is provided in 14th Amend. of the U.S. constitution?
No LG may take w/o Due Process of Law
i.e., Applied 5th Amend to State + LG
———–
How remember which is which?
5th - started out applying to Fed.
14th - later added application to LGs.
Art 10, Sec 6 - 106 is fullest # - full comp
What is provided in 5th Amend. of the U.S. constitution?
$5 = just comp.
———–
Prohibits taking for public use w/o just comp.
Who decides public necessity?
Judge, not jury.
———–
How remember?
lawsuit always Necessitates a Judge, not a jury
O’s bus dmg claim packet shd include what 3 items?
RON has snow related bus dmg claims.
• Records
• Offer, GF.
• Nature, extent, amt dmgs
What’s the order of offers/notices?
- Notice O.
- w/ or aft O’s Notice: Offer O
- w/ or aft. O’s Offer: Notice BO.
For O (as opposed to BO), what are just the 2 rights that have to be summarized or attached to O’s Notice?
[Notice O has a rt to Offer his] CAF[a & I.D. Parts to Stay Natural.]
———–
(1) Costs (73.091)
(2) Atty’s Fees (73.092)
———–
Noticing E.D. reveals Owner’s 15 PORN Parts.
