Silver Lake Construction Lawyer, Kansas
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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534 S Kansas Ave, Topeka, KS 66603
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Kathleen Welch Porter
Litigation, Arbitration, Construction
Status: In Good Standing Licensed: 39 Years
301 Sw 10Th Ave., Topeka, KS 66612
Profile LAWPOINTS™17/100
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LEGAL TERMS
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.
SETBACK
The distance between a property boundary and a building. A minimum setback is usually required by law.
LIFE TENANT
One who has a life estate in real property.
NET LEASE
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
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.
UNIFORM TRANSFERS TO MINORS ACT
A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is o... (more...)
A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.
EXECUTRIX
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.
FAILURE OF CONSIDERATION
The refusal or inability of a contracting party to perform its side of a bargain.
SAMPLE LEGAL CASES
Double M Const., Inc. v. State Corp. Com'n
202 P.3d 7 (2009). DOUBLE M CONSTRUCTION, INC., Appellant, v. STATE CORPORATION
COMMISSION, Appellee. No. 100,312. ... The opinion of the court was delivered by ROSEN, J.:
On transfer from the Court of Appeals, Double M Construction, Inc. ...
Higgins v. Abilene Machine, Inc.
... The question before us is one of first impression. It also is a question of statutory interpretation
or construction subject to unlimited review by this court. See Genesis Health Club, Inc. ... No
significant deference is due the ALJ's or the Board's interpretation or construction of a statute. ...
Hall v. Dillon Companies, Inc.
... Hall also maintains that this court has modified a statutory interpretation after the judicial
interpretation has gained tacit legislative approval. The fundamental rule of statutory construction
is that the intent of the legislature governs if the court can ascertain the legislature's intent. ...
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