Monroe Eminent Domain Lawyer, Michigan, page 5

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1. Harry Ellman Farmington Hills, MI
  Attorney At Law - MI, 1971
  Wayne State University Law School
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LEGAL TERMS

UNIFORM TRANSFERS TO MINORS ACT

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is o... (more...)

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.

DEMURRER

A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)

A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.

SHORT SALE (OF HOUSE)

A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage. Many lenders will agree to accept the proceeds of a short sale ... (more...)

A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage. Many lenders will agree to accept the proceeds of a short sale and forgive the rest of what is owed on the mortgage when the owner cannot make the mortgage payments. By accepting a short sale, the lender can avoid a lengthy and costly foreclosure, and the owner is able to pay off the loan for less than what he owes. See also deed in lieu (or foreclosure).

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.

INTANGIBLE PROPERTY

Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items... (more...)

Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.

CAUSE OF ACTION

A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is... (more...)

A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is divided into discrete elements, all of which must be proved to present a winning case.

MEMORANDUM

(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum-... (more...)

(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum--a document prepared by a junior associate in a law office or a judge's law clerk outlining the facts, procedural elements and legal arguments involved in a particular legal matter. These memos are reviewed by senior lawyers and judges who use them to decide how to proceed with the case. (2) Any written record, including a letter or note, that proves that a contract exists between two parties. This type of memo may be enough to validate an oral (spoken) contract that would otherwise be unenforceable because of the statute of frauds. (Under the statute of frauds, an oral contract is invalid if it can't be completed within one year from the date the contract is made.)

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

RUNNING WITH THE LAND

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.

SAMPLE LEGAL CASES

MICHIGAN DEPT. OF TRANSP. v. Tomkins

... [16]. IV. ANALYSIS. In Silver Creek, this Court observed that the doctrine of eminent domain, the power of the government to take private property for a public use and with just compensation, is firmly established in both our federal and state constitutions. ...

Risko v. GRAND HAVEN ZONING BD.

... 415, 417, 420, 224 NW2d 325 (1974), this Court found that property owners were deprived of a "substantial right," warranting eminent domain proceedings, when the city vacated an alley that abutted the property owners' business, explaining that "the vacation of said alley ...

Young v. OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE

... Nevertheless, we conclude that summary disposition was proper under MCR 2.116(C)(8). Both the United States and Michigan Constitutions contemplate that the government may exercise its power of eminent domain to acquire private property for a public use. ...

Monroe Eminent Domain Lawyer, Michigan, page 5

Sponsored Law Firm

Harry Ellman Law

SPONSORED LAWYERS

Nathaniel H. Herdt

Jacqueline Sue Cauley

Conly K. Crossley

Edward A. Shuttie

William P. Godfroy

Thomas D. Ready

John F. Ready

Thomas W. Graham

James J. Rostash

Edward J. Mccormick

TIPS

LEGAL TERMS

UNIFORM TRANSFERS TO MINORS ACT

DEMURRER

SHORT SALE (OF HOUSE)

TENANCY IN COMMON

INTANGIBLE PROPERTY

CAUSE OF ACTION

MEMORANDUM

COVENANT

RUNNING WITH THE LAND

SAMPLE LEGAL CASES

MICHIGAN DEPT. OF TRANSP. v. Tomkins

Risko v. GRAND HAVEN ZONING BD.

Young v. OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE

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