Quick (74), Trial

Question 1

T/C Review in both 73 & 74.

Answer 1

Limited. Defer to sound discretion of LG.

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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.

Question 4

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

Answer 4

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

Question 5

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

Answer 5

#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.

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

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

Answer 8

Empanel 12 man jury.

Question 9

What interest in the deposit does not vest in O?

Answer 9

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

Question 10

How does Def get his money?

Answer 10

Motion to Court.

Question 11

How might O not receive full amount in registry?

Answer 11

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

Question 12

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

Answer 12

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

Question 13

Can CR dismiss a Quick-Take?

Answer 13

Yes BUT only before title transfer.

Question 14

What happens if CR wants to dismiss after title transfers?

Answer 14

Must get permission of Def.

Question 15

What is a risk to CR in Quick-Takes?

Answer 15

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

Question 16

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

Answer 16

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.