Category Archives: Real Estate & Property Law

Arrested Eminent Domain Protester Still Can Sue City For First Amendment Violations

This one is more for our muni law friends, but today's post also has two eminent domain angles.  Anyone who has been to a city council meeting knows at least one fellow like this, considered a pain-in-the-butt by officials. A gadfly, who testifies on seemingly every issue. This is Fane Lozman, eminent domain protester (among other things). Familiar to readers as the Houseboat Guy. Or, more accurately, the "Floating Home" Guy who took the City of Riviera Beach, Florida to the U.S. Supreme Court once before, on the arcane issue of whether his floating home was a houseboat subject to admiralty jurisdiction. The Court held it wasn't, and wasn't.  The houseboat affair wasn't the end of it for Mr. Lozman, who already was "an outspoken critic of the City's plan to use its eminent domain power to seize homes along the waterfront for private development," according to the latest (second) U.S. Supreme Court opinion in….. To continue reading this legal news please click Read full information...

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Commercial Office Lease Negotiation Checklist – Pro-Tenant

By:  Alejandro E. Jordan, Esq. This Article provides you with tips to create a concise and effective negotiation checklist and the key points you should consider when negotiating a lease in a multi-tenant office building. This Article also highlights key provisions you should pay close attention to often found in office leases. At initial glance, a 20, 30 and sometimes 40 page commercial office lease agreement may seem daunting.  However, with a properly drafted checklist, a savvy negotiator can swiftly navigate this legal document by making sure that all of the key provisions of the lease have been accounted for (or at least, that you know what you are getting yourself into before you are bound by its terms).  A wise person once said, “Organization is the key to success.” A good summary or checklist can be a useful tool for tenants to: Keep track of on-going lease negotiations. Quickly reference the key provisions in your lease. Summarize the final….. To continue reading this legal news please click Read full information...

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Know These Interpretation Principles Before You Draft a Contract

When a contract dispute arises, there may be differing interpretations of the contract terms. A court asked to construe the disputed terms will look to statutory principles. But don’t wait for a dispute to learn these principles—be aware of them when drafting an agreement to ensure that they won’t counteract your client’s intent.  Here are 11 of the most common principles that the courts use in interpreting contracts: If possible, a contract is interpreted to give meaning to all its provisions (CC §1641; CCP §1858) and to be lawful, operative, definite, reasonable, and capable of being given effect (CC §1643). Technical words are interpreted according to their technical meanings, and nontechnical words are interpreted according to their ordinary meanings. CC §§1644–1645. A contract is construed according to the law of the place where it’s to be performed or, if the place of performance is not indicated, where it….. To continue reading this legal news please click Read full information...

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Advice to Law Journals, Part 19

O.K., so the years almost out; that means, its really past time to finish up this series on advice to law journals. Back in June I announced it would be about 18 parts (more or less)–and Ive added a few,….. To continue reading this legal news please click Read full information...

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3 THINGS TO KNOW ABOUT SPENDING YOUR KID’S INHERITANCE

By Lane V. Erickson, Idaho Estate Planning Attorney So you’ve worked hard your entire life and have put together a pretty good retirement plan for yourself. Your house is paid off, your cars are free and clear of any debts, and your investment and bank accounts are bulging. In your last will and testament you leave your vacation property to your children and a gun that has been in your family for a hundred years to your oldest grandson. You also leave all of your accounts to your children. You told your family all about your last will and testament and everyone knows what you are leaving them. Originally you simply wanted your last years to be quiet and low key. But let’s say that you talked to some of your friends who are seeing the world. They tell you all about their latest adventures and eventually you change your mind and decide that you want to start traveling. You looked over the cruise ship brochures and you have several exotic destination cruises that you….. To continue reading this legal news please click Read full information...

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