Things I Miss in E.D. Flashcards
What 9 items must you state in ED complaint?
*I forget it’s plural. S = survey.
*I want to say ‘nature’ of project = not listed.
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When you’re complaining of Eating Disorder, DEMAND Good Mobile PANINIS
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(1) Demand prop condemned, title vest in LG
(2) GF negotiation
(3) Mobile home on prop.
(4) Public purp.
(5) Authority
(6) public Necessity - SCALE
(7) Interest to obtain
(8) Names, residences + legal disabs of interest Os
ID property
(9) Survey performed, in GF will construct over property.
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.
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.
What is “right of way” under 73.071(3)?
Not confined to road ROW. Also applies to ROW easements for drainage facilities.
SHD PROBABLY BE MENTIONED ON AN ESSAY
If a median is installed prohibiting half the cars from turning into your business, is that compensable?
No! Court found that to be a ‘traffic diminution’ which is not a property right!
What category of persons can claim business damages, that is found in case law (I don’t find in statute).
Business has 5 Tenants @ the COPA cabana.
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A business tenant!
The claimant is usually the property owner but it can also be the tenant of the property owner limited by the duration of the leasehold interest.
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Seminole County v. Sanford Court Investors, Ltd., 743 So. 2d 1165 (Fla. 5th DCA 1999),
Which of the following re-starts the 5 year clock?
(a) Change in ownership.
(b) Change in name.
(c) Expansion or addition or move on same parcel.
None.
~~~Change in ownership surprises me.~~~
What is “right of way” under 73.071(3)?
Not confined to road ROW. Also applies to ROW easements for drainage facilities.
SHD PROBABLY BE MENTIONED ON AN ESSAY
When does LG make a deposit?
ONLY in FAST 74. When?
When Court enters its Order, LG puts in its GF deposit. Rolls the dice that jury will come in close to that amt.
Distinguish what’s required in COMPLAINT vs. OFFER.
Complaint:
Demand good mobile PANINIS.
O of Jmt:
PAWN your CAC w/ ID
Distinguish BO’s offer from O’s offer.
E.D. ---------- BO has 's.' He's a buSineSSman. Settle his CASA + ID Part for Nature. ~ O is straight 'o.' Offer his CAFA + ID Part for Nature.
If asked the minimal statutory requirements for Notice, distinguish BO’s from O.
E.D. ----------- BO has 'S.' He's a buSineSSman. SEVERANCE, Costs, AF ~ O is just o -- oFFer - CAFA. Costs, AF & Appraisal.
