Legal Flashcards
What areas does RW work with Environmental?
- Permits to enter for environmental studies
- Demolition contracts
- Condemnation of mitigation parcels
- Hazardous waste material clearance
- Acquisition & valuation of contaminated parcels (cost to clean & reduction in value)
- Conservation easements
What is considered real property?
- Land
- That which is affixed to the land
- That which is incidental opportune to the land
What are the four types of leasehold?
- Fixed term
- Periodic term
- Tenancy at will
- Tenancy at Sufferance
Although joint tenancy gives tenancy in common, it does not give what?
Right of survivorship
What is fee simple estate?
It is the most comprehensive ownership
What are some basic lease terms?
Parties (human, adult..ect)
Specific description of the property
Consideration
Length of the lease term
Special conditions
What is an eviction?
Unlawful detainer (official court complaint when a landlord wants to evict a tenant)
What are types of Use interests?
Easements
Licenses (profits & permits - permits to enter)
Right of entry vs possession & use agreements
What is a bonafide purchaser?
Buyer with no notice of anyone buying it first.
In CA, whoever records first, wins.
What is trespassing?
The invasion of land by a tangible, physical object. Continuing (example: fence) transient (example: foot prints)
What cannot be used against the state?
Adverse possession
What is a deed?
A document that passes legal title from seller to owner (example: grant, trust, quick claim deed)
When is there government tort liability?
The government may be liable if it creates dangerous conditions or has notice of danger with time to remedy it and they fail to remedy it
What is a contract?
An agreement to do or not do a certain thing. This is legally enforceable.
What are the four types of contracts?
- Express (what Caltrans uses)
- Implied
- Bilateral
- Unilateral
Contracts cannot be?
Contrary to the law or contrary to public policy
What is required for hand-written changes to a typed contract?
Hand-written changes must be initialed by both parties, dated, and legible.. It requires a strike through whatever is being overridden.
Contracts are construed against the — because —.
Contracts are construed against the drafter because the drafter has control.
What is the assignment of a contract?
When one party transfers its rights to another
Amending contracts
If a statue of fraud applies, the amendment must also conform to the statute of fraud (both in writing)
What is the deposit of probable compensation?
The deposit amount based upon the appraisal. It serves two purposes 1) sets the date of value for a case and 2) enables department to seek an order of possession
What do NEPA and CEQA stand for?
National Environmental Policy Act and California Environmental Quality Act
What is an order for possession?
It’s a court procedure that allows the plaintiff public agency to request possession of the property being condemned even though the lawsuit is not complete.
What are the three ways an acquisition can be settled?
- Contract
- Stipulated judgement (transfer by final order of condemnation)
- Jury court trial (final order of condemnation)
