Edgerton Eminent Domain Lawyer, Missouri
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1-4 of 4 matches. Page 1 of 1
818 Grand Boulevard, Kansas City, MO 64106
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3304 Ralph Powell Road, Lees Summit, MO 64064
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George E. Kapke
Eminent Domain, Family Law, Business Organization, Collection
Status: In Good Standing Licensed: 22 Years
3304 Ne Ralph Powell Rd, Lees Summit, MO 64064
Profile LAWPOINTS™44/100
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Jonathan Sheehy Zerr
Eminent Domain, Family Law, Business Organization, Collection
Status: In Good Standing Licensed: 23 Years
3304 Ne Ralph Powell Road, Lees Summit, MO 64064
Profile LAWPOINTS™44/100
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LEGAL TERMS
SEVERABILITY CLAUSE
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
EXCULPATORY CLAUSE
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.
CONSTRUCTIVE EVICTION
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or ... (more...)
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.
DIVIDEND
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash,... (more...)
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash, though they may also be paid in the form of additional shares of stock or other property. The amount of a dividend is established by the corporation's board of directors; however, state laws often restrict a corporation's ability to declare dividends by requiring a minimum level of profits or assets before the dividend can be approved.
RUNNING WITH THE LAND
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.
PRECEDENT
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
HOLD HARMLESS
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the fir... (more...)
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord's failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.
NUISANCE
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.
SAMPLE LEGAL CASES
City of Arnold v. Tourkakis
... MARY R. RUSSELL, Judge. The question in this case is whether the City of Arnold ("the City"),
a non-charter city, is authorized to exercise the power of eminent domain. ... After Landowners
refused to sell their property, the City sought to acquire it by eminent domain. ...
Basham v. City of Cuba
... A. Inverse condemnation is the exclusive and proper remedy for an alleged nuisance or other
damage caused to private property by an entity having the power of eminent domain. George
Ward Builders, Inc. v. City of Lee's Summit, 157 SW3d 644, 650 (Mo.App. ...
Clay County Realty Co. v. City of Gladstone
... The approved TIF plan provides for the use of eminent domain for economic
development. To date, however, the City has never adopted an ordinance approving
a TIF project [3] specifying the redevelopment to occur at the property. ...
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