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RW exam > Legal > Flashcards

Legal Flashcards

1
Q

What areas does RW work with Environmental?

A
  1. Permits to enter for environmental studies
  2. Demolition contracts
  3. Condemnation of mitigation parcels
  4. Hazardous waste material clearance
  5. Acquisition & valuation of contaminated parcels (cost to clean & reduction in value)
  6. Conservation easements
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2
Q

What is considered real property?

A
  1. Land
  2. That which is affixed to the land
  3. That which is incidental opportune to the land
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3
Q

What are the four types of leasehold?

A
  1. Fixed term
  2. Periodic term
  3. Tenancy at will
  4. Tenancy at Sufferance
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4
Q

Although joint tenancy gives tenancy in common, it does not give what?

A

Right of survivorship

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5
Q

What is fee simple estate?

A

It is the most comprehensive ownership

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6
Q

What are some basic lease terms?

A

Parties (human, adult..ect)
Specific description of the property
Consideration
Length of the lease term
Special conditions

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7
Q

What is an eviction?

A

Unlawful detainer (official court complaint when a landlord wants to evict a tenant)

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8
Q

What are types of Use interests?

A

Easements
Licenses (profits & permits - permits to enter)
Right of entry vs possession & use agreements

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9
Q

What is a bonafide purchaser?

A

Buyer with no notice of anyone buying it first.
In CA, whoever records first, wins.

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10
Q

What is trespassing?

A

The invasion of land by a tangible, physical object. Continuing (example: fence) transient (example: foot prints)

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11
Q

What cannot be used against the state?

A

Adverse possession

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12
Q

What is a deed?

A

A document that passes legal title from seller to owner (example: grant, trust, quick claim deed)

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13
Q

When is there government tort liability?

A

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

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14
Q

What is a contract?

A

An agreement to do or not do a certain thing. This is legally enforceable.

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15
Q

What are the four types of contracts?

A
  1. Express (what Caltrans uses)
  2. Implied
  3. Bilateral
  4. Unilateral
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16
Q

Contracts cannot be?

A

Contrary to the law or contrary to public policy

17
Q

What is required for hand-written changes to a typed contract?

A

Hand-written changes must be initialed by both parties, dated, and legible.. It requires a strike through whatever is being overridden.

18
Q

Contracts are construed against the — because —.

A

Contracts are construed against the drafter because the drafter has control.

19
Q

What is the assignment of a contract?

A

When one party transfers its rights to another

20
Q

Amending contracts

A

If a statue of fraud applies, the amendment must also conform to the statute of fraud (both in writing)

21
Q

What is the deposit of probable compensation?

A

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

22
Q

What do NEPA and CEQA stand for?

A

National Environmental Policy Act and California Environmental Quality Act

23
Q

What is an order for possession?

A

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.

24
Q

What are the three ways an acquisition can be settled?

A
  1. Contract
  2. Stipulated judgement (transfer by final order of condemnation)
  3. Jury court trial (final order of condemnation)
25
Q

Caltrans needs to comply with what?

A

Both federal and state laws

26
Q

What is PA&ED?

A

Project approval and environmental documents

27
Q

What is CERCLA and RCRA?

A

Comprehensive environmental response compensation and liability act. CERCLA cleanup designates PRP’s and makes sure they cooperate. Resource conservation and recovery act

28
Q

If Caltrans is the plaintiffs, who are the defendants?

A

Those persons who appear on record or are known by the plaintiff to have claimed an interest in the property described in the complaint

29
Q

What is the offer amount?

A

Must be at least the full amount on the appraisal

30
Q

What happens to initiate the lawsuit?

A
  1. Secure the RON
  2. Refresh the litigation guarantee
  3. Send lawsuit package request to legal
31
Q

What are the six prerequisites to a taking?

A
  1. Environmental clearance
  2. Necessity
  3. Appraisal
  4. FWO
  5. Negotiation
  6. RON
32
Q

What are the key components for eminent domain?

A

It is only used to acquire property for a public use. The agency must have specific authority to acquire property for that public use. The property must be necessary to accomplish the public use.

33
Q

What is eminent domain?

A

Private property may be taken or damaged for a public use as long as just compensation (ascertained by a jury unless waived) has been paid to or into court for the owner.

34
Q

What is Caltrans assigned role?

A

FHWA role for environmental law

35
Q

What is Section 4(f) of the US DOT act of 1966?

A

It requires agencies to consider and avoid parks and recreational lands, wildlife, water fowl refuges, historic sites in transportation projects.

RW exam (4 decks)

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