Quick (74), Trial Flashcards

1
Q

T/C Review in both 73 & 74.

A

Limited. Defer to sound discretion of LG.

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2
Q

How is a hearing for an Order of Taking scheduled in a Quick-Take?

A

Def must request a hearing! Otherwise, waives any objection to Order.

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3
Q

At Quick’s Order of Taking hearing, what are 3 things LG must prove?

A

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.

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4
Q

At trial, after LG proves pub purp & reasonable necessity, what can Def show on this issue?

A

Either:
1) Concedes or
2) O proves no pub purp/no necessity by showing it has DIBs
— abuse of Discretion, Illegality, Bad faith

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5
Q

At trial, once LG proves its right to take what are 3 things a Def might argue to a jury?

A

#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.

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6
Q

The parties at a Quick hearing rest & t/c grants an Order of Taking. What 4 things does Ch 74 Order of Taking include?

A

  1. Specify deposit amt.
  2. Transfer title upon deposit.
  3. Fix surrender time and terms
  4. Make other provisions necessary for rts.
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7
Q

A Quick-Take Order of Taking has been entered, what is the next step?

A

CR has 20 days to deposit the amount specified in the Order of Taking.

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8
Q

CR has made its deposit based on the Quick-Take Order of Taking. What is next step?

A

Empanel 12 man jury.

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9
Q

What interest in the deposit does not vest in O?

A

Right to the specific funds in the registry.
———–
Clerk can invest the deposit & take 10% of any interest. O gets 90%.

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10
Q

How does Def get his money?

A

Motion to Court.

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11
Q

How might O not receive full amount in registry?

A

If Clerk elected to invest the deposit he gets to keep 10% of the interest.

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12
Q

Does Ch. 74 CR make its payment after jury award?

A

Partially.
CR already deposited the amt specified in Order of Taking 20 days after its entry.
After jury award, CR pays any difference.

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13
Q

Can CR dismiss a Quick-Take?

A

Yes BUT only before title transfer.

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14
Q

What happens if CR wants to dismiss after title transfers?

A

Must get permission of Def.

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15
Q

What is a risk to CR in Quick-Takes?

A

Title vests early. Later, jury could return with an amount well beyond CR’s expectations. CR must pay.

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16
Q

What can O do if CR fails to make either deposit?

A

Order:
LG makes deposit or Order (not proceeding) is VOID. No reinstatement of a void order. Walk away.

Jmt:
Execution against the property condemned & other property of CR, as if private.