Order of Taking Flashcards
T/C Review.
Limited. Defer to sound discretion of LG.
What is included in 74 Order?
- Specify deposit amt.
- Transfer title upon deposit.
- Fix surrender time and terms
- Make other provisions necessary for rts.
What is included in 73 Order?
VS.
What is included in 73 Judgment?
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
Benefits of a Stipulated Order?
Beneficial when funding clock ticking (roads)
Cost efficient
Can include comp for all interests.
What wd Stipulated Order include?
a. Bottom line deposit or
b. Extended stay.
What is the deadline for CR deposit under 73?
What is deadline for CR to pay in full under 74?
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.
In Ch 74 FAST, what if CR misses either 20 day deadline to deposit?
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.
Amount of deposit.
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.
What is required of O to withdraw the LG good faith deposit.
Upon motion by O.
What happens post-Order?
Jury determines compensation.
What is included in 73 Order?
VS.
What is included in 73 Judgment?
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
What is included in 73 Order vs. 73 Judgment?
Order:
Simply a finding BY JUDGE that CR does or does not have rt to take prop.
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Judgment:
Title shall vest upon deposit of JURY amt.
What is included in 73 Order?
VS.
What is included in 73 Judgment?
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
Must LG make a deposit in a 73 action?
LG must deposit the full payment 20 days after jury trial.
What kind of appraisal is LG required to have in a 73 action?
None BUT would have to be made available to O during presuit negotiations.
