Essig Eminent Domain Lawyer, Minnesota

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LEGAL TERMS

SHARED EQUITY MORTGAGE

A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the... (more...)
A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the lender is entitled to a portion of the proceeds.

NULLA BONA

Latin for 'no goods.' This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.

REFUGEE

In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home co... (more...)
In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home countries. Refugees get their status before coming to the U.S., while asylum seekers obtain their status after arrival. Refugees may eventually get green cards.

INCIDENTS OF OWNERSHIP

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.

LIFE TENANT

One who has a life estate in real property.

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.

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

OFFENSIVE COLLATERAL ESTOPPEL

A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.

SAMPLE LEGAL CASES

Hebert v. City of Fifty Lakes

... Jon William Morphew, Schnitker & Associates, PA, Spring Lake Park, MN, for Eminent Domain Institute Amicus. ... First, the statute provides that registration shall not operate to change "the right to take the land by eminent domain." Id. ...

MOORHEAD ECONOMIC DEV'T AUTHORITY v. Anda

... filed their award. Valuation Date in a Quick-Take Eminent Domain Proceeding. We first address the question of the proper date on which to value Anda's property. ... merits. Eminent Domain Power and Just Compensation. The issue ...

METROPOLITAN AIRPORTS COM'N v. Noble

... Noble, the property owner, was assigned the 24th Ave. Motel Corporation's interest in the lease. The lease agreement had a ten-year term, with two five-year extensions, and contained the following relevant provisions: 18. Eminent Domain. (a) Entire Premises. ...