Clarence Center Eminent Domain Lawyer, New York
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Gregory L. Davis
Real Estate, Business, Litigation, Accident & Injury
Status: In Good Standing Licensed: 45 Years
30 Brompton Cir, Buffalo, NY 14221
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LEGAL TERMS
UNCLEAN HANDS
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she woul... (more...)
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.
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.
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.
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.
MECHANIC'S LIEN
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
OFFER
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some... (more...)
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.
RECORDING
The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Record... (more...)
The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Recording creates a public record of changes in ownership of all property in the state.
FIERI FACIAS
Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary... (more...)
Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant.
ILLUSORY PROMISE
A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For ex... (more...)
A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For example, if you get a new job and promise to work for three years, unless you resign sooner, you haven't made a valid contract and can resign or be fired at any time.
SAMPLE LEGAL CASES
Goldstein v. URBAN DEV. CORP.
... We are asked to determine whether respondent's exercise of its power of eminent domain to
acquire petitioners' properties for purposes of the proposed land use improvement project, known
as Atlantic Yards, would be in conformity with certain provisions of our State ...
Kaur v. URBAN DEV. CORP.
... In this appeal, we are called upon to determine whether respondent's exercise of its power of
eminent domain to acquire petitioners' property for the development of a new Columbia University
campus was supported by a sufficient public use, benefit or purpose (see NY Const ...
Kaur v. NYS Urban Dev. Corp.
... In addition, the petitioners assert that the alleged "civic" benefits of the Project are
insufficient public purposes for the use of eminent domain. In particular ... THERE IS NO
CIVIC PURPOSE TO THIS USE OF EMINENT DOMAIN. The use ...
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