Waynesboro City County, VA Eminent Domain Lawyers, page 4


Melody H. Gaidrich

General Practice
Status:  Suspended           Licensed:  44 Years

Frank A. Mika

General Practice
Status:  In Good Standing           

Roger Bowman Willetts

General Practice
Status:  In Good Standing           

Bee Addington Bowman

General Practice
Status:  Deceased           Licensed:  79 Years

Charles P. Ajemian

General Practice
Status:  In Good Standing           

Joseph B. Yount

General Practice
Status:  In Good Standing           

Charles V. Bush

General Practice
Status:  Deceased           Licensed:  72 Years

Robert Clarkson Lunger

Real Estate, Lawsuit & Dispute, Divorce & Family Law
Status:  In Good Standing           

Todd Gregory Patrick

General Practice
Status:  In Good Standing           

Melinda Foster

General Practice
Status:  Inactive           Licensed:  28 Years

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LEGAL TERMS

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 In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.

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.

PRIVATE MORTGAGE INSURANCE (PMI)

Insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender (the mortga... (more...)
Insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender (the mortgage plus the costs of the sale). A home buyer who makes less than a 20% down payment may have to purchase PMI.

USUFRUCT

The right to use property -- or income from property -- that is owned by another.

INDISPENSABLE PARTY

A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone co... (more...)
A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone concerned. For example, if a person sues his neighbors to force them to prune a tree that poses a danger to his house, he must name all owners of the neighboring property in the suit.

USE TAX

A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.

QUASI-COMMUNITY PROPERTY

A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired togeth... (more...)
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces.

MARITAL DEDUCTION

A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions a... (more...)
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions as an exemption) allows anyone, even a billionaire, to pass his or her entire estate to a surviving spouse without any tax at all.

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.

SAMPLE LEGAL CASES

W & W PARTNERSHIP v. PRINCE WILLIAM BZA

... at 705, 554 SE2d at 54. In Stigall, the landowner's parcel of property was physically divided when the Commonwealth acquired, by eminent domain, a portion of the parcel for the construction of a freeway. Id. at 700, 554 SE2d at 51. ...

Kitchen v. City of Newport News

... sought "monetary compensation from the City under Article I, § 11 [of the Virginia Constitution] `upon an implied contract' that the City will pay Plaintiffs `such amount as would have been awarded if the property had been condemned under the eminent domain statute.'" (quoting ...

TACO BELL OF AMERICA v. COM. TRANSP. COM'R

... Because the parties were unable to agree on the compensation amount due to Taco Bell for the taking, the Commissioner filed a Petition in Condemnation in 480 accordance with Virginia's eminent domain statutes, Code §§ 25.1-100 et seq. and 33.1-89 et seq. ...

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