Snow Camp Eminent Domain Lawyer, North Carolina
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LEGAL TERMS
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
EXECUTRIX
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.
SEVERANCE PAY
Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severanc... (more...)
Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severance pay, although the employer may be legally obligated to do so if it was promised in a contract or employees' handbook.
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
SUBLEASE
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.
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.
LICENSE (OF INVENTION, COPYRIGHT OR TRADEMARK)
A contract giving written permission to use an invention, creative work or trademark. A license provides a way to make money from your invention or creative wor... (more...)
A contract giving written permission to use an invention, creative work or trademark. A license provides a way to make money from your invention or creative work without having to manufacture and sell copies yourself. By licensing an invention or work to a company, you get money (often in the form of royalties) in return for allowing the company to use, produce and sell copies of your invention or work in the marketplace.
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.
COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs... (more...)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. If property is subject to CC&Rs, buyers must be notified before the sale takes place.
SAMPLE LEGAL CASES
L & S WATER v. Piedmont Water Authority
... 162A-7 and 153A-285 (both repealed), to use the power of eminent domain to divert
water from the Deep River basin to construct Randleman Lake. ... Defendant is a public
authority that possesses the power of eminent domain. ...
Department of Transp. v. Blevins
... Our Supreme Court reasoned that while "[t]he state must compensate for property rights
taken by eminent domain[,] damages resulting from the exercise of police power are
noncompensable." Id. at 514, 126 SE2d at 738 (citations omitted). ...
PROGRESS ENERGY CAROLINAS v. Strickland
... 2) "whether the petition sufficiently described the extent of the easement to be condemned and
whether petitioner has the legal authority to condemn the rights described in the petition;" and
(3) whether petitioner can exercise the power of eminent domain over Strickland's two ...
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