Port Republic Eminent Domain Lawyer, New Jersey

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Gary Schafkopf
About | Practice Areas
Schafkopf Law LLC
11 Bala Ave Bala Cynwyd, PA 19004» view map
Real Estate Law
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Gary Schafkopf is a practicing lawyer in the states of Pennsylvania and New Jersey who focuses on cases in Business, Employment, and Real Estate.

800-970-4781
1. Gary Schafkopf Bala Cynwyd, PA
  Attorney at Law- PA, 1999
  Schafkopf Law LLC
2. AboutSchafkopf Law LLC
  We Are Here To Help You
3. Practice AreasExpertise
  Real Estate Law
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Mitchell Waldman

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LEGAL TERMS

CONSIDERATION

The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one for... (more...)

The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view. Whatever its particulars, consideration must be something of value to the people who are making the contract.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

QUIET ENJOYMENT

The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and r... (more...)

The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and rental agreements often contain a 'covenant of quiet enjoyment,' expressly obligating the landlord to see that tenants have the opportunity to live undisturbed.

HOMEOWNERS' ASSOCIATION

An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)

An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.

MEMORANDUM

(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum-... (more...)

(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum--a document prepared by a junior associate in a law office or a judge's law clerk outlining the facts, procedural elements and legal arguments involved in a particular legal matter. These memos are reviewed by senior lawyers and judges who use them to decide how to proceed with the case. (2) Any written record, including a letter or note, that proves that a contract exists between two parties. This type of memo may be enough to validate an oral (spoken) contract that would otherwise be unenforceable because of the statute of frauds. (Under the statute of frauds, an oral contract is invalid if it can't be completed within one year from the date the contract is made.)

USE TAX

A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)

A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.

ASYLUM

A legal status granted to an individual who is in the United States and fears political persecution if he or she is forced to return to their home country.

UNCONSCIONABILITY

A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)

A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

SAMPLE LEGAL CASES

Harrison Redevelopment Agency v. DeRose

... does not, as it is presently worded, require a municipal governing body to provide individual advance notice to an owner that it is considering designating his or her property for redevelopment, and thus may take that property in the future through the power of eminent domain. ...

Klumpp v. Borough of Avalon

... We further hold that, ordinarily, the relief available to a property holder from a governmental taking accomplished without adherence to the requirements of the Eminent Domain Act of 1971, NJSA 20:3-1 to -50, would be to pursue an inverse condemnation action within the six ...

Township of West Orange v. 769 ASSOCIATES, LLC

... We are called upon in this matter to interpret the Eminent Domain Act of 1971, NJSA 20:3-1 to -50, which provides in relevant part that: ... III. "Eminent domain is the awesome power of the sovereign to take property for public use without the owner's consent." Hous. Auth. ...

Port Republic Eminent Domain Lawyer, New Jersey

Sponsored Law Firm

Schafkopf Law LLC

SPONSORED LAWYERS

Mitchell Waldman

Marc L. Hurvitz

Ronald Bloom

Christopher Di Francia

Mark D. Abramson

Edward Hughes

Howard Butensky

Leo Schoffer

Stephen Nehmad

Tracy Siebold

TIPS

LEGAL TERMS

CONSIDERATION

EMINENT DOMAIN

QUIET ENJOYMENT

HOMEOWNERS' ASSOCIATION

MEMORANDUM

USE TAX

ASYLUM

UNCONSCIONABILITY

SUBLEASE

SAMPLE LEGAL CASES

Harrison Redevelopment Agency v. DeRose

Klumpp v. Borough of Avalon

Township of West Orange v. 769 ASSOCIATES, LLC

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