Phrases from Em Dom Flashcards

1
Q

What 10 items must you state in ED complaint?

A

When you’re Complaining of E[ating] D[isorder], Demand Good food truck (Mobile) PANINIS

(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.

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2
Q

Public necessity factors

A
E.D.
-----------
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
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3
Q

How does burden of proof shift?

A
E.D.
-----------
LG proves it has pub purp + nec.
O proves it has DIBs.  
--- abuse of Discretion, Illegality, Bad faith
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4
Q

For O (as opposed to BO), what are ALL 7 ITEMS O’s Notice must include?

A

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]
———–
Alternate: Noticing E.D. reveals Owner’s 15 PORN Parts.

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5
Q

For BO (as opposed to O), what are ALL 8 ITEMS BO’s Notice must include?

A

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].

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6
Q

What does full comp include?

A
COMP.
-----------
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.
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7
Q

Distinguish Public Purp v. Pub Necessity.

A

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.

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8
Q

What does FL’s Constitution provide at Art I, Sec 9?

A
E.D.   PRE-SUIT
-----------
"I" am Due "9" lives.
-----------
Due Process.  
No deprive LIFE, lib or prop w/o DP of law.
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9
Q

What is provided in Art 10, Sec 6 of the FL constitution?

A
E.D.   PRE-SUIT
-----------
106 ~ ED's highest (fullest) #'d const reference = FULL $COMP$
----------
Entitled "Eminent Domain"
-----------
Can't take:
1.    w/o pub purp & w/ FULL COMP.
2.   To convey to private O unless by State law.
-----------
Can take for:
Easements to drain 1 Os prop onto or thru another's
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10
Q

What is provided in 14th Amend. of the U.S. constitution?

A
E.D.   PRE-SUIT
-----------
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
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11
Q

What is provided in 5th Amend. of the U.S. constitution?

A
E.D.   PRE-SUIT
-----------
$5 = just comp.
-----------
Prohibits taking for public use w/o just comp.
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12
Q

Who decides public necessity?

A
E.D.   PRE-SUIT
-----------
Judge, not jury.
-----------
How remember?  
lawsuit always Necessitates a Judge, not a jury
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13
Q

O’s bus dmg claim packet shd include what 3 items?

A
BUSINESS DMGS
-----------
RON has snow related bus dmg claims.
•	Records
•	Offer, GF.
•	Nature, extent, amt dmgs
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14
Q

What’s the order of offers/notices?

A

NOBO

  1. Notice O.
  2. w/ or aft O’s Notice: Offer O
  3. w/ or aft. O’s Offer: Notice BO.
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15
Q

For O (as opposed to BO), what are just the 2 rights that have to be summarized or attached to O’s Notice?

A
E.D.   PRE-NOTICE - O  
-----------
[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)
-----------
Noticing E.D. reveals Owner's 15 PORN Parts.
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16
Q

For BO, what are just the 3 RIGHTS that must be summarized or attached to BO’s Notice?

A
E.D.   PRE-NOTICE - BO
-----------
Notice Bus O has a Right to Settle his CASA 
[& I.D. Part to stay Natural].
-----------
(1)  Costs (73.091)
(2)  AF (73.092)
(3)  Severance/bus dmgs/comp/jury (73.071)
17
Q

State 8 prerequisites to claim Business Damages.

A
BUSINESS DMGS
-----------
Business is Damaged by 5 Public Tenants @ the COPA cabana ROW.
-----------
1.  5 years 
2.  By a public entity.
3.  Tenants of BO or BO
4.  Continuous operation + physically @ taking location.
5.   BO = prop taken O.
6.  Partial taking.
7.  Adjoining.  Locale is adjoining lands also owned by property owner.
8.  Taken for ROW.