Forney Eminent Domain Lawyer, Texas
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LEGAL TERMS
HOME WARRANTY
A service contract that covers a major housing system--for example, plumbing or electrical wiring--for a set period of time from the date a house is sold. The w... (more...)
A service contract that covers a major housing system--for example, plumbing or electrical wiring--for a set period of time from the date a house is sold. The warranty guarantees repairs to the covered system and is renewable.
SUBSTITUTED SERVICE
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the h... (more...)
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.
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.
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.
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.
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.
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.
FAILURE OF CONSIDERATION
The refusal or inability of a contracting party to perform its side of a bargain.
LANDLORD
The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.
SAMPLE LEGAL CASES
TEXAS BAY CHERRY HILL v. City of Fort Worth
... The Plan, the City manager's report to the City council regarding the Plan, and the
resolution adopting the plan all explicitly state that the City will not use its powers
of eminent domain to acquire property under the Plan. The ...
City of Dallas v. VSC, LLC
... We overrule the City's second issue. Taking. In its third issue, the City contends its seizure of
the vehicles was not a taking under article one, section seventeen because the vehicles were
seized pursuant to the City's police power, not its eminent domain power. ...
FKM PARTNERSHIP v. Board of Regents
... The court of appeals in this case correctly noted that as in "other civil cases, an eminent domain
proceeding is subject to the rules of civil procedure," and these rules "permit parties to amend
their pleadings and also to dismiss some or all of their claims." 178 SW3d at 5 (citing ...
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