Quick (74), Trial Flashcards
T/C Review in both 73 & 74.
Limited. Defer to sound discretion of LG.
How is a hearing for an Order of Taking scheduled in a Quick-Take?
Def must request a hearing! Otherwise, waives any objection to Order.
At Quick’s Order of Taking hearing, what are 3 things LG must prove?
E.D. -74 (QUICK) only
1) Public purp [engineer or PO]
2) Reasonable necessity. [engineer or PO]
3) Its good faith estimate of value contained in the declaration of taking is based on a valid appraisal.
At trial, after LG proves pub purp & reasonable necessity, what can Def show on this issue?
Either:
1) Concedes or
2) O proves no pub purp/no necessity by showing it has DIBs
— abuse of Discretion, Illegality, Bad faith
At trial, once LG proves its right to take what are 3 things a Def might argue to a jury?
E.D. -BOTH ----------- #1 PLANS + SPECS. Get them into evid. If later change, can prove dmgs. #2 COMPENSATION: a) Challenge LG's GF estimate of value b) Remainder is impaired. #3 SURRENDER - Argue date. Ex. Did LG get permits? If not, cd buy O some time.
The parties at a Quick hearing rest & t/c grants an Order of Taking. What 4 things does Ch 74 Order of Taking include?
E.D. 74 (QUICK) only.
- Specify deposit amt.
- Transfer title upon deposit.
- Fix surrender time and terms
- Make other provisions necessary for rts.
A Quick-Take Order of Taking has been entered, what is the next step?
CR has 20 days to deposit the amount specified in the Order of Taking.
CR has made its deposit based on the Quick-Take Order of Taking. What is next step?
Empanel 12 man jury.
What interest in the deposit does not vest in O?
Right to the specific funds in the registry.
———–
Clerk can invest the deposit & take 10% of any interest. O gets 90%.
How does Def get his money?
Motion to Court.
How might O not receive full amount in registry?
If Clerk elected to invest the deposit he gets to keep 10% of the interest.
Does Ch. 74 CR make its payment after jury award?
Partially.
CR already deposited the amt specified in Order of Taking 20 days after its entry.
After jury award, CR pays any difference.
Can CR dismiss a Quick-Take?
Yes BUT only before title transfer.
What happens if CR wants to dismiss after title transfers?
Must get permission of Def.
What is a risk to CR in Quick-Takes?
Title vests early. Later, jury could return with an amount well beyond CR’s expectations. CR must pay.