Prerequisites Flashcards
1
Q
State 8 prerequisites to claim Business Damages.
A
- 5 years
- by a Public entity.
- Tenants of BO or BO [lessees may qualify]
- Continuous physical operation @ taking site.
- BO = prop taken O.
- Partial taking.
- Adjoining. Locale is adjoining lands also owned by property owner.
- ## taken for ROW.BUSINESS DMGS
———–
Business address is 5 COPA cabana. - Continuous operation for 5 yrs @ taking location.
- business O = prop O.
- Physical existence.
- Adjoining. Locale is adjoining lands also owned by property owner.
2
Q
If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?
A
BUSINESS DMGS ----------- Public Tenant 5 COPA ROW ------------ Compliance w/ §73.071(3)(b) 1. Continuous physical existence on site; 2. For 5 yrs (can tack on) & 3. Own adjacent. [∑ "own" in ED incl leasehold int.]
3
Q
To meet 5 yr requirement of 73.370(3)(b) [bus dmgs], how can Bus O borrow time?
A
Can tack on (prior owner, same location).
Can’t buy out terminated bus or relocate.
4
Q
When is express malice required in torts?
When is legal malice required in torts?
A
TORTS ----------- Express: 1) Employee is personally liable [No sued indiv employee will be driving a BMW] 2) Assault 3) Battery 4) Defamation.
Legal:
1) Malicious Prosec.
5
Q
When is EE personally liable?
A
Torts ----------- No EE personally sued will be driving a BMW ----------- When acted (1) Bad faith, (2) Malicious purpose, & (3) Wanton & willful disregard of human rts, safety or property
6
Q
Assault & battery are intentional torts. So how can LG be held liable?
A
Assault/Battery ----------- If act performed: (1) Within scope of employment & (2) Not in bad faith, maliciously or w/ willful/wanton disregard of PL's rights. ----------- Ex. While protecting ER's property.
7
Q
What 2 unrelated things must involve NEW project?
A
PROJ TYPE
1) Impact fee - expansion/growth.
2) 255.20 ($300k const, $250k roads, $75k elect) - applies to new only.
