Glen Haven Eminent Domain Lawyer, Wisconsin
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170 Preston Dr, Platteville, WI 53818
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LEGAL TERMS
EXCLUSIVE LICENSE
A valid contract in which a copyright owner authorizes another person or entity (called the licensee) to exclusively exercise one or more of the rights (or port... (more...)
A valid contract in which a copyright owner authorizes another person or entity (called the licensee) to exclusively exercise one or more of the rights (or portion of such rights) that belong to the copyright owner under the copyright. The licensee is said to 'own' the rights granted in the license and is referred to as a copyright owner.
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.'
FINDER'S FEE
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords,... (more...)
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords, however, charge finder's fees merely for renting a place. This type of charge is not legitimate and, in some areas, is specifically declared illegal.
PRECEDENT
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
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.
NULLA BONA
Latin for 'no goods.' This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.
REFORMATION
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usual... (more...)
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.
DEED IN LIEU (OF FORECLOSURE)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept... (more...)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.
OFFENSIVE COLLATERAL ESTOPPEL
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.
SAMPLE LEGAL CASES
Andrews v. Wisconsin Public Service Corp.
... 7 Wisconsin courts have long recognized that the right to eminent domain cannot be abrogated
by contract. City of Milwaukee v. Schomberg, 261 Wis. ... (citing 1 NICHOLS ON EMINENT DOMAIN
75-76, § 22 (2d ed.1917)). ¶ 9 The rule described in Schomberg remains the law. ...
Buckett v. Jante
... 5 In 2005, the Wisconsin Department of Transportation sought to condemn and purchase the
parcel through an eminent domain proceeding for another road construction project. Initially,
the DOT looked at Racine county's records and thought Buckett owned the property. ...
City of Milwaukee v. Redevelopment Auth.
... We begin our analysis with a brief review of the history of the unit rule. ¶ 9 The unit rule "requires
that real estate be valued in respect to its gross value as a single entity as if there was only one
owner." 4-13 NICHOLS, EMINENT DOMAIN § 13.01[16] § 13-28. ...
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