Dwight Eminent Domain Lawyer, Illinois


Douglas F. Spesia

Commercial Real Estate, Defamation & Slander, Elder Law, Eminent Domain
Status:  In Good Standing           

James R Brumund

Landlord-Tenant, Eminent Domain, Family Law, Insurance
Status:  In Good Standing           

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George C. Hupp

Eminent Domain, Real Estate, Wills & Probate, Personal Injury
Status:  In Good Standing           Licensed:  75 Years

Alice Thode

Eminent Domain, Estate Planning, Landlord-Tenant, Transactions
Status:  In Good Standing           Licensed:  37 Years

Douglas Ennis Heathcock

Eminent Domain, Litigation, Workers' Compensation, Personal Injury
Status:  In Good Standing           Licensed:  31 Years

Douglas Heathcock

Eminent Domain, Litigation, Workers' Compensation, Personal Injury
Status:  In Good Standing           Licensed:  31 Years

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

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LEGAL TERMS

SEVERABILITY CLAUSE

A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.

CONSTRUCTIVE EVICTION

When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or ... (more...)
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.

LEASE OPTION

A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to b... (more...)
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. A lease option is often a good arrangement for a potential home buyer because it lets him move into a house he may buy without having to come up with a down payment or financing at that time.

EXPRESS WARRANTY

A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most expres... (more...)
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most express warranties come directly from the manufacturer or are included in the sales contract. If you want to hold the seller to an oral guarantee, it's best to get it in writing or have witnesses to the guarantee so that it doesn't come down to your word against the seller's if a problem arises.

CONTRACT

A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts tha... (more...)
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say 'It's a deal,' we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.

INDEPENDENT CONTRACTOR

A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control ... (more...)
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control over how the work they are hired to do gets done; the person or company paying the independent contractor controls only the outcome--the product or service.

FORFEITURE

The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the lan... (more...)
The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the landlord knows it is a drug-dealing site but fails to stop the illegal activity. Or, you may have to forfeit your driver's license if you commit too many moving violations or are convicted of driving under the influence of alcohol or drugs.

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.

ESCHEAT

The forfeit of all property to the state when a person dies without heirs.

SAMPLE LEGAL CASES

Empress Casino Joliet Corp. v. Giannoulias

... It is well settled that the takings clauses of the federal and state constitutions apply only to the state's exercise of eminent domain and not to the state's power of taxation. See County of Mobile v. Kimball, 102 US 691, 703, 26 L.Ed. ...

ABN AMRO MORTG. GROUP, INC. v. McGahan

931 NE2d 1190 (2010). 237 Ill.2d 526. ABN AMRO MORTGAGE GROUP, INC., et al., Appellees, v. Nona L. McGAHAN et al., Appellants. No. 107954. Supreme Court of Illinois. June 4, 2010. 1192 Michael T. Reagan, of Herbolsheimer ...

Department of Transp. v. Anderson

... In April 2007, the Department filed its complaint for condemnation along with a motion for immediate vesting of title under the "quick-take" provisions of the Eminent Domain Act (Act) (735 ILCS 30/20-5-5, 25-7-103.1 (West 2006)). ...