Gypsum Land Use & Zoning Lawyer, Colorado


Thomas J Hartert

Land Use & Zoning, Real Estate, Insurance, Business
Status:  In Good Standing           

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LEGAL TERMS

PROPERTY

See personal property, real estate, community property, separate property.

QUANTUM MERUIT

The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.

DOWN PAYMENT

A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the... (more...)
A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the balance remaining, and pays it off in monthly installments over time.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

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.

LEASE

An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an ... (more...)
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an apartment or business property) or personal property (such as a car or a boat). A lease should cover basic issues such as when the lease will begin and end, the rent or other costs, how payments should be made, and any restrictions on the use of the property. The property owner is often called the 'lessor,' and the person using the property is called the 'lessee.'

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.

STATUTE OF LIMITATIONS

The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For... (more...)
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury -- or in some instances, from the date when it should reasonably have been discovered -- but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

SAMPLE LEGAL CASES

BOARD OF COUNTY COM'RS v. Rohrbach

... Tatum v. Basin Res., Inc., 141 P.3d 863, 867 (Colo.App.2005). IV. Zoning. ... B. Various Zoning Maps. The County's deputy clerk testified that she had seen the July 5, 1983 map sometime in the past, but it could not currently be located. ...

Lieb v. Trimble

Benjamin B. LIEB, an individual, Plaintiff-Appellant, v. Dixie TRIMBLE, solely in her official capacity as member of the Board of Adjustment for Zoning Appeals for the City and County of Denver; Penny Elder, solely in her official capacity as member of the Board of Adjustment for ...

IBC DENVER II, LLC. v. City of Wheat Ridge

... IBC purchased the property and tore down all but one of the buildings on the site. The property is currently zoned "Planned Industrial Development (PID) and Industrial (I)," and is so reflected in the Wheat Ridge Comprehensive Plan and on Wheat Ridge's official zoning map. ...