Florahome Eminent Domain Lawyer, Florida, page 3

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Dennis J. Shea

Eminent Domain, Construction, Wills & Probate, Estate Planning, Commercial Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Joseph Michael Hanratty

Eminent Domain
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  33 Years

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Bruce B Humphrey

Other, Commercial Real Estate, Land Use & Zoning, Eminent Domain, Civil Rights
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  26 Years

Tracy A Marshall

Eminent Domain, Real Estate, Federal Trial Practice, Civil Rights
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

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.

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.

PROPERTY

See personal property, real estate, community property, separate property.

DEVISE

An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.

ADVERSE POSSESSION

A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usua... (more...)
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usually include continuous and open use for a period of five or more years and paying taxes on the property in question.

TENANCY IN COMMON

A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.

CONTINGENCY

A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a ... (more...)
A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a contingency in a contract for the purchase of a house might state that if the buyer does not approve the inspection report of the physical condition of the property, the buyer does not have to complete the purchase.

BREACH OF CONTRACT

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'

TESTAMENTARY DISPOSITION

Leaving property in a will.

SAMPLE LEGAL CASES

Essex Ins. Co. v. Zota

985 So.2d 1036 (2008). ESSEX INSURANCE COMPANY, Appellant, v. Mercedes ZOTA, et al., Appellees. No. SC06-2031. Supreme Court of Florida. June 26, 2008. 1038 Douglas M. McIntosh and Robert C. Weill of McIntosh ...

Walton County v. Stop Beach Renourishment

... [because] Florida's law is clear that riparian rights cannot be severed from riparian uplands absent an agreement with the riparian owner, not even by the power of eminent domain. Id. (citing Belvedere Dev. Corp. v. Dep't of Transp., 476 So.2d 649 (Fla.1985) as controlling). ...

System Components Corp. v. FLORIDA DOT

... See § 74.011, Fla. Stat. (2004) ("In any eminent domain action, properly instituted by and in the name of ... ... Relevant Eminent-Domain Doctrine and an Overview of Statutory Business Damages. Eminent Domain and "Full Compensation". ...

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