Order of Taking

Question 1

T/C Review.

Answer 1

Limited. Defer to sound discretion of LG.

Question 2

What is included in 74 Order?

Answer 2

E.D. 74

1. Specify deposit amt.
2. Transfer title upon deposit.
3. Fix surrender time and terms
4. Make other provisions necessary for rts.

Question 3

E.D., 73
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What is included in 73 Order?
VS.
What is included in 73 Judgment?

Answer 3

Order:
Simply a finding BY JUDGE that CR does or does not have rt to take prop.
Judgment:
Title shall vest upon the payment of the full amt determined BY JURY

Question 4

E.D. ORDER
Benefits of a Stipulated Order?

Answer 4

E.D.     ORDER
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Beneficial when funding clock ticking (roads)
Cost efficient
Can include comp for all interests.

Question 5

What wd Stipulated Order include?

Answer 5

E.D. ORDER

a. Bottom line deposit or
b. Extended stay.

Question 6

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

Answer 6

E.D.
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No deadline b/c No Deposit in Ch 73.  Pay jury amt 20 days from Final Judgment.
>>i tend to miss this one
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Ch 74 = 20 days from Order of Taking.

Question 7

In Ch 74 FAST, what if CR misses either 20 day deadline to deposit?

Answer 7

E.D.  ORDER
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ORDER:  
Order (not proceeding) is void ab initio w/ no ability for reinstatement.
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JMT:   LG owes.  Execute as if private.
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73:  Walk away from FJ b/c title vests w/ payment.

Question 8

Amount of deposit.

Answer 8

Not less than CR’s estimate of value when CR is the State or any other public body.

Otherwise (ex. utility company) must be double.

Question 9

What is required of O to withdraw the LG good faith deposit.

Answer 9

Upon motion by O.

Question 10

What happens post-Order?

Answer 10

Jury determines compensation.

Question 11

E.D., 73
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What is included in 73 Order?
VS.
What is included in 73 Judgment?

Answer 11

Order:
Simply a finding BY JUDGE that CR does or does not have rt to take prop.
Judgment:
Title shall vest upon the payment of a deposit determined BY JURY

Question 12

What is included in 73 Order vs. 73 Judgment?

Answer 12

Order:
Simply a finding BY JUDGE that CR does or does not have rt to take prop.
—
Judgment:
Title shall vest upon deposit of JURY amt.

Question 13

E.D.
-----------
What is included in 73 Order?
VS.
What is included in 73 Judgment?

Answer 13

Order:
Simply a finding BY JUDGE that CR does or does not have rt to take prop.
Judgment:
Title shall vest upon the payment of a amt determined BY JURY

Question 14

Must LG make a deposit in a 73 action?

Answer 14

LG must deposit the full payment 20 days after jury trial.

Question 15

What kind of appraisal is LG required to have in a 73 action?

Answer 15

None BUT would have to be made available to O during presuit negotiations.

Question 16

What is included in a 73 Order?

Answer 16

The judge may hold a pretrial to determine in limines & whether actions may be tried together.