Slow (73), Trial Flashcards Preview

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Flashcards in Slow (73), Trial Deck (23)
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1
Q

T/C Review in both 73 & 74.

A

Limited. Defer to sound discretion of LG.

2
Q

If O accepts offer, what is next step?

A

File it with Court. Case is done.

3
Q

O does not accept offer, what is next step?

A

Trial.

4
Q

T/C Review in both 73 & 74.

A

Limited. Defer to sound discretion of LG.

5
Q

At trial Order of Taking Hearing in 73, what is LG’s burden?

A

To show public purp & reasonable necessity. [usually thru engineer or PO]

6
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
it is irrelevant what Def wants. His only role is to show DIBs.

7
Q

At trial, what will CR show last?

A

Its good faith estimate if valid. [usually thru appraiser]

8
Q

At trial, once LG proves necessity, what are 3 things a Def would present?

A
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.
9
Q

What kind of jury hears eminent domain?

A

12 man.

10
Q

The parties rest & t/c grants petition. What does Ch 73 Order of Taking include?

A

Simply a finding BY JUDGE that CR does or does not have rt to take prop.

11
Q

The parties rest & t/c grants petition. What does Ch 73 Order of Taking include?

A

Simply a finding BY JUDGE that CR does or does not have rt to take prop.

12
Q

The JUDGE has determined that CR does have right to take property. What’s next step?

A

Empanel 12 man jury to determine compensation.

13
Q

What will CR show jury?

A

Its good faith estimate of value is valid. [usually thru an appraiser].

14
Q

What will verdict include?

A

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

15
Q

Verdict is entered. What is next step?

A

w/i 20 days, LG deposits

16
Q

How many days after verdict does LG have to make its deposit?

A

20 days.

17
Q

What 2 things happen upon deposit?

A

Title vests in LG.
Full comp vests in Def.

18
Q

What does not vest in O upon deposit?

A

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.

19
Q

How does Def get his money?

A

Motion to Court.

20
Q

How might O not receive full amount in registry?

A

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.

21
Q

Where does slow-take flexibility lie?

A

CR can unilaterally dismiss at any time before FJ & be obligated only for C+AF.

22
Q

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

A

Nothing. CR walks away.

23
Q

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

A

Nothing. CR walks away.

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