Prerequisites

Question 1

State 8 prerequisites to claim Business Damages.

Answer 1

1. 5 years
2. by a Public entity.
3. Tenants of BO or BO [lessees may qualify]
4. Continuous physical operation @ taking site.
5. BO = prop taken O.
6. Partial taking.
7. Adjoining. Locale is adjoining lands also owned by property owner.
8. ## taken for ROW.BUSINESS DMGS
   ———–
   Business address is 5 COPA cabana.
9. Continuous operation for 5 yrs @ taking location.
10. business O = prop O.
11. Physical existence.
12. Adjoining. Locale is adjoining lands also owned by property owner.

Question 2

If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?

Answer 2

Compliance w/ §73.071(3)(b)
1. Continuous physical existence on site;
2. For 5 yrs (can tack on) &
3. Own adjacent. [∑ “own” in ED incl leasehold int.]

Question 3

To meet 5 yr requirement of 73.370(3)(b) [bus dmgs], how can Bus O borrow time?

Answer 3

Can tack on (prior owner, same location).
Can’t buy out terminated bus or relocate.

Question 4

When is express malice required in torts?
When is legal malice required in torts?

Answer 4

TORTS
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Express:
1)  Employee is personally liable [No sued indiv employee will be driving a BMW]
2)  Assault
3)  Battery
4)  Defamation.

Legal:
1) Malicious Prosec.

Question 5

When is EE personally liable?

Answer 5

Torts
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No EE personally sued will be driving a BMW
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When acted 
(1)  Bad faith, 
(2) Malicious purpose, &
(3) Wanton & willful disregard of human rts, safety or property

Question 6

Assault & battery are intentional torts. So how can LG be held liable?

Answer 6

Assault/Battery
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If act performed:
(1)   Within scope of employment &
(2)  Not in bad faith, maliciously or w/ willful/wanton disregard of PL's rights.
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Ex.  While protecting ER's property.