Slow (73), Trial Flashcards
T/C Review in both 73 & 74.
Limited. Defer to sound discretion of LG.
If O accepts offer, what is next step?
File it with Court. Case is done.
O does not accept offer, what is next step?
Trial.
T/C Review in both 73 & 74.
Limited. Defer to sound discretion of LG.
At trial Order of Taking Hearing in 73, what is LG’s burden?
To show public purp & reasonable necessity. [usually thru engineer or PO]
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
it is irrelevant what Def wants. His only role is to show DIBs.
At trial, what will CR show last?
Its good faith estimate if valid. [usually thru appraiser]
At trial, once LG proves necessity, what are 3 things a Def would present?
E.D. -BOTH ----------- #1 COMPENSATION: a) Challenge LG's GF estimate of value b) Remainder is impaired. c) Put plans & specs into evid. If later change, can prove addtl damages. #2 ATTACK CR'S PREP - a) Did LG get permits? b) Thoroughness of route selection. #3 SURRENDER - Argue date.
What kind of jury hears eminent domain?
12 man.
The parties rest & t/c grants petition. What does Ch 73 Order of Taking include?
Simply a finding BY JUDGE that CR does or does not have rt to take prop.
The parties rest & t/c grants petition. What does Ch 73 Order of Taking include?
Simply a finding BY JUDGE that CR does or does not have rt to take prop.
The JUDGE has determined that CR does have right to take property. What’s next step?
Empanel 12 man jury to determine compensation.
What will CR show jury?
Its good faith estimate of value is valid. [usually thru an appraiser].
What will verdict include?
E.D. SLOW (73) ONLY
1) Accurate descrip of each property.
2) Amt to be paid.
3) Separately state special damages:
a) severance (dmg to remainder)
b) business (when allowable)
c) moving
d) permanent improvements of mobile home O
Verdict is entered. What is next step?
w/i 20 days, LG deposits
How many days after verdict does LG have to make its deposit?
20 days.
What 2 things happen upon deposit?
Title vests in LG.
Full comp vests in Def.
What does not vest in O upon deposit?
Right to the specific funds in the registry.
———–
Clerk can invest the deposit & take any interest but such investment in a Ch. 73 would be from verdict to Order on Def’s Mtn to release.
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.
———–
More suitable for a 74 (Clerk hold funds during the jury/compensation proceedings, having funds from 20 days after Order of Taking to Def’s Mtn to release).
———–
In 73 Clerk has funds from 20 days after verdict [LG’s deposit] to Order on Def’s Mtn to release.
Where does slow-take flexibility lie?
CR can unilaterally dismiss at any time before FJ & be obligated only for C+AF.
What can O do if CR fails to make its deposit?
Nothing. CR walks away.
What can O do if CR fails to make its deposit?
Nothing. CR walks away.
