E.D. #s Flashcards

1
Q

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How much time does Def have to respond to ED petition?

A

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Clerk issues summons commanding defenses be filed on a date certain between 28 & 60 days.

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2
Q

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How much time does PL have to serve the ED petition.

A

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Must be served no later than 20 days before return date.

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3
Q

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What is provided in 5th Amend. of the U.S. constitution?

A

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$5 = just comp.
———–
Prohibits taking for public use w/o just comp.

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4
Q

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What is provided in the 14th Amend. of the U.S. constitution?

A

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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

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5
Q

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What is provided in Art 10, Sec 6 of the FL constitution?

A

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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

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6
Q

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What is provided in Art I, Sec 9 of the FL constitution?

A

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“I” am Due “9” lives.
———–
No deprive LIFE, lib or prop w/o DP of law.

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7
Q

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How soon must LG provide additional documents to Owner, if requested?

A

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Within 15 days.

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8
Q

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How soon can file suit?

A

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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.

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9
Q

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How long does O have to claim business damages?

A

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180 days from notice receipt.

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10
Q

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How long for LG to respond to business damages claim?

A

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120 days to accept, reject, or counter.

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11
Q

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How calculate Bus Dmgs in a total taking?

A

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Zero. Prop O gets land only

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12
Q

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If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?

A

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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.]

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13
Q

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To meet 5 yr requirement of 73.370(3)(b) [bus dmgs], how can Bus O borrow time?

A

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Can tack on (prior owner, same location).
Can’t buy out terminated bus or relocate.

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14
Q

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What is the timeline for LG to make offer of settlement?

A

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Start 120 days after Answer. End 20 days b/4 trial.

No later than
120 days after Def answers
OR
20 days before trial.

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15
Q

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Which offer of judgment has a dollar limit?

A

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Def’s offer cannot exceed $100k.

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16
Q

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Timeline of accepting Offer of Jmt.

A

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30 days after service.
UNLESS
Trial is less than 30 days, then just accept b/4 trial.

17
Q

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Weirdness about timeline in accepting Offer of Jmt.

A

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Can be made 20 days b/4 trial.
So can’t hold Def to 30 day acceptance rule.
If made less than 30 days b/4 trial, Def can accept b/4 trial.

18
Q

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What is the deadline for CR deposit?

A

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20 days of Order of Taking.
»i tend to miss this one

19
Q

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Can Clerk invest CR’s good faith deposit?

A

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Yes & give 90% back to ultimate owner.

20
Q

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Category of Consequential Damages.
Inconvenience of Construction.

A

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A. Zero comp.
B. All property abutting a public work suffers temp inconvenience of the same general nature.
C. Regardless of degree, it’s the privilege of benefiting from govt pub works projects.

21
Q

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What are business O requirements for other intangibles?

A

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A. Where less then entire RE is taken.
B. Dmgs a business of more than 5 yrs standing.
C. Owned by the party whose lands are being taken.
D. Located upon adjoining lands owned or held by such party.
E. Person may claim special damages (dmg to such business reasonably czd) by setting forth in his defenses.

22
Q

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What if govt czs damages?

A

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FL Const. Art X, Sec 6 only compensated property “taken” not for property damaged.
LG may impair w/o giving O rt to sue for dmgs. Privilege of benefiting from LG works.

23
Q

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When might commercial T not get trade fixtures?

A

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If deemed personal property, get zero (no comp for dmgs czed by removal)
If deemed fixtures but lease excludes T from RE comp,, get zero.

24
Q

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How long does Fee O have to accept/reject offer?

A

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30 days from NOTICE to accept/reject OFFER. After that, LG can sue.

25
Q

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What is deadline for LG to notify Bus O?

A

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NOBO.
At or after making OFFER to Fee O.

26
Q

What is the deadline for CR deposit under 73?
What is deadline for CR to pay in full under 74?

A

Ch 73 = 20 days from Final Judgment.
»i tend to miss this one
Ch 74 = 20 days from Order of Taking.