E.D. #s

Question 1

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

Answer 1

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

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

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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

Question 5

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

Answer 5

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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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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Within 15 days.

Question 8

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How soon can file suit?

Answer 8

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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.

Question 9

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How long does O have to claim business damages?

Answer 9

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180 days from notice receipt.

Question 10

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How long for LG to respond to business damages claim?

Answer 10

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120 days to accept, reject, or counter.

Question 11

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How calculate Bus Dmgs in a total taking?

Answer 11

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Zero. Prop O gets land only

Question 12

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

Answer 12

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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.]

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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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.

Question 15

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Which offer of judgment has a dollar limit?

Answer 15

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Def’s offer cannot exceed $100k.

Question 16

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Timeline of accepting Offer of Jmt.

Answer 16

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

Question 17

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Weirdness about timeline in accepting Offer of Jmt.

Answer 17

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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.

Question 18

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What is the deadline for CR deposit?

Answer 18

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

Question 19

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Can Clerk invest CR’s good faith deposit?

Answer 19

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Yes & give 90% back to ultimate owner.

Question 20

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Category of Consequential Damages.
Inconvenience of Construction.

Answer 20

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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.

Question 21

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What are business O requirements for other intangibles?

Answer 21

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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.

Question 22

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What if govt czs damages?

Answer 22

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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.

Question 23

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When might commercial T not get trade fixtures?

Answer 23

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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.

Question 24

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

Answer 24

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

Question 25

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What is deadline for LG to notify Bus O?

Answer 25

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NOBO.
At or after making OFFER to Fee O.

Question 26

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

Answer 26

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