Phrases, E.D. Flashcards
What 10 items must you state in ED complaint?
(1) Demand prop condemned, title vest in LG
(2) GF negotiation>
(3) Mobile home on prop.
(4) Public purp.
(5) Authority
(6) public Necessity - SCALE
(7) Interest to obtain
(8) Names, residences + legal disabs of interest Os
(9) ID property
(10) Survey performed, in GF will construct over property.
Public necessity factors
It’s a NECESSITY to WEIGH on a SCALE.
———–
LG must show it properly weighed these 5 factors in order to establish necessity SCALE
1 Safety considerations.
2. Cost
3. Avail of alternate routes
4. Long range planning
5. Environmental Factors
How does burden of proof shift?
LG proves it has pub purp + nec.
O proves it has DIBs.
— abuse of Discretion, Illegality, Bad faith
For O (as opposed to BO), what are ALL 7 ITEMS O’s Notice must include?
————-
What is the distinction, re: nature of the project on the _____?
Notice O has a rt to Offer his CAFA & I.D. Parts to Stay Natural. [*he’s not a businessman so gets an offer [BO settles].
———–
(1) Offer (can include, or do separately)
(2) Costs (73.091)
(3) atty’s Fees (73.092)
(4) get App, maps + plans (if prepped - can file Slow w/o app) in 15 days upon request
(5) PID
(6) Part or all.
(7) Nature of project on THE PROP. [not adjacent, as in BO]
For BO (as opposed to O), what are ALL 8 ITEMS BO’s Notice must include?
Notice Bus O has a Right to Settle his CASA & I.D. Part to stay Natural. *(he’s a businessman, so he Settles rather than O who gets offer)
———–
(1) Rts on submitting, Settling & entitlements.
(2) Costs (73.091)
(3) AF
(4) Severance/bus dmgs/comp/jury (73.071)
(5) get App (+ if prepped, maps + plans) in 15 days upon request
(6) pI.D.
(7) Part or all.
(8) Nature of project on ADJACENT PROP [not the prop, as in Fee O].
What does full comp include?
Full Comp pays for FIVE MoveS
————
Full comp pays for:
1. attys Fees + costs
2. Interest
3. actual fair mkt Value at time of lawful appropriation.
4. Expert fees, costs.
5. MOVing costs.
6. Severance.
Distinguish Public Purp v. Pub Necessity.
there is a Purposeful Quality in Nature
i have a Necessity to Select Quantity
———–
Purp: Quality & Nature of the project.
Nec: Quantity & Selection of the property.
What does FL’s Constitution provide at Art I, Sec 9?
“I” am Due “9” lives.
———–
Due Process.
No deprive LIFE, lib or prop w/o DP of law.
What is provided in Art 10, Sec 6 of the FL constitution?
106 ~ ED’s highest (fullest) #’d const reference = FULL $COMP$
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Entitled “Eminent Domain”
———–
Can’t take:
1. w/o pub purp & w/ FULL COMP.
2. To convey to private O unless by State law.
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Can take for:
Easements to drain 1 Os prop onto or thru another’s
What is provided in 14th Amend. of the U.S. constitution?
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
What is provided in 5th Amend. of the U.S. constitution?
$5 = just comp.
———–
Prohibits taking for public use w/o just comp.
Who decides public necessity?
Judge, not jury.
———–
How remember?
lawsuit always Necessitates a Judge, not a jury
O’s bus dmg claim packet shd include what 3 items?
RON has snow related bus dmg claims.
• Records
• Offer, GF.
• Nature, extent, amt dmgs
What’s the order of offers/notices?
- Notice O.
- w/ or aft O’s Notice: Offer O
- w/ or aft. O’s Offer: Notice BO.
For O (as opposed to BO), what are just the 2 rights that have to be summarized or attached to O’s Notice?
[Notice O has a rt to Offer his] CAF[a & I.D. Parts to Stay Natural.]
———–
(1) Costs (73.091)
(2) Atty’s Fees (73.092)
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Noticing E.D. reveals Owner’s 15 PORN Parts.
