E.D. #s Flashcards
#s ----------- How much time does Def have to respond to ED petition?
#s ----------- Clerk issues summons commanding defenses be filed on a date certain between 28 & 60 days.
#s ----------- How much time does PL have to serve the ED petition.
#s ----------- Must be served no later than 20 days before return date.
#s ----------- What is provided in 5th Amend. of the U.S. constitution?
#s ----------- $5 = just comp. ----------- Prohibits taking for public use w/o just comp.
#s ----------- What is provided in the 14th Amend. of the U.S. constitution?
#s ----------- 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
#s ----------- What is provided in Art 10, Sec 6 of the FL constitution?
#s ----------- 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
#s ----------- What is provided in Art I, Sec 9 of the FL constitution?
#s ----------- "I" am Due "9" lives. ----------- No deprive LIFE, lib or prop w/o DP of law.
#s ----------- How soon must LG provide additional documents to Owner, if requested?
s
Within 15 days.
Eminent Domain-
How soon can file suit?
31 days aft condemnation notice delivered or undeliverable.
Ʃ: Offer was already made at or before notice.
&: O has 30 days from NOTICE to respond to OFFER.
#s ----------- How long does O have to claim business damages?
s
180 days from notice receipt.
#s ----------- How long for LG to respond to business damages claim?
s
120 days to accept, reject, or counter.
s
How calculate Bus Dmgs in a total taking?
s
Zero. Prop O gets land only
#s ----------- If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?
s
Compliance w/ §73.071(3)(b)
1. Continuous physical existence on site;
2. For 5 yrs (can tack on) &
3. Own adjacent. [∑ “own” in ED incl leasehold int.]
s
To meet 5 yr requirement of 73.370(3)(b) [bus dmgs], how can Bus O borrow time?
s
Can tack on (prior owner, same location).
Can’t buy out terminated bus or relocate.
s
What is the timeline for LG to make offer of settlement?
s
Start 120 days after Answer. End 20 days b/4 trial.
No later than
120 days after Def answers
OR
20 days before trial.
#s ----------- Which offer of judgment has a dollar limit?
s
Def’s offer cannot exceed $100k.
