Bowman Eminent Domain Lawyer, South Carolina
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Russell Allen Blanchard
Real Estate, Estate, Workers' Compensation, Criminal
Status: In Good Standing
370 Saint Paul Street, Orangeburg, SC 29115
Profile LAWPOINTS™34/100
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Robert F. McCurry
Real Estate, Estate, Accident & Injury, Lawsuit & Dispute, Estate Planning
Status: In Good Standing
1459 Amelia Street, Orangeburg, SC 29116
Profile LAWPOINTS™34/100
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LEGAL TERMS
HOMESTEAD DECLARATION
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.
INCIDENTS OF OWNERSHIP
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.
FORECLOSURE
The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.
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.
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.
EVIDENCE
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.
DIRECTOR
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important bus... (more...)
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important business decisions -- especially those that legally bind the corporation -- leaving day-to-day management to officers and employees of the corporation. For example, a decision to borrow money, lease an office or buy real property would normally be authorized by the board of directors. However, in the small business world, where it is common for owners to be directors, officers and employees simultaneously, distinctions dividing the roles and responsibilities of these groups are often blurred.
DEVISE
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.
LIQUID ASSETS
Business property that can be quickly and easily converted into cash, such as stock, bank accounts and accounts receivable.
SAMPLE LEGAL CASES
Kiriakides v. SCH. DIST. OF GREENVILLE
... Kiriakides and the School District continued their negotiations for a voluntary sale until
approximately April 2002, but when the negotiations proved unsuccessful, the School District
began the process to acquire the property by eminent domain. ...
City of Hartsville v. SC MUN. INS.
... Inverse condemnation, condemnation, temporary taking, permanent taking, or any claim arising
out of or in any way connected with the operation of the principles of eminent domain; adverse
possession or dedication by adverse use. (emphasis added). ...
South Carolina Dept. of Transp. v. Hood
... We agree. Section 28-2-340 of the South Carolina Eminent Domain Procedure Act (the Act) sets
forth the types of evidence admissible in condemnation proceedings to determine the value of
the property sought to be condemned. SCCode Ann. § 28-2-340 (Supp.2007). ...
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