Linville Eminent Domain Lawyer, Virginia
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2565 John Wayland Hwy, Harrisonburg, VA 22801
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LEGAL TERMS
RUNNING WITH THE LAND
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.
YELLOW-DOG CONTRACT
An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.
WORDS OF PROCREATION
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person r... (more...)
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person receiving the property.
FORM INTERROGATORIES
Printed or 'canned' sets of questions that one party in a lawsuit asks an opposing party. Form interratories cover the issues commonly encountered in the kind o... (more...)
Printed or 'canned' sets of questions that one party in a lawsuit asks an opposing party. Form interratories cover the issues commonly encountered in the kind of lawsuit at hand. For example, lawyers' form books have sets of interrogatories designed for contract disputes, landlord-tenant cases and many others. Form interrogatories are often supplemented by questions written by the lawyers and designed for the particular issues in the case.
FINDER'S FEE
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords,... (more...)
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords, however, charge finder's fees merely for renting a place. This type of charge is not legitimate and, in some areas, is specifically declared illegal.
IMMIGRATION AND NATURALIZATION SERVICE (INS)
Formerly, the federal agency in the Department of Justice that administered and enforced immigration and naturalization laws. In 2003, however, the INS official... (more...)
Formerly, the federal agency in the Department of Justice that administered and enforced immigration and naturalization laws. In 2003, however, the INS officially ceased to exist, and its functions were taken over by various branches of the Department of Homeland Security, as follows:The new Bureau of Citizenship and Immigration Services (BCIS) handles immigration benefits, such as applications for asylum, work permits, green cards, and citizenship. The new Bureau of Immigration and Customs Enforcement (BICE) handles enforcement of the immigration laws within the U.S. borders. The new Bureau of Customs and Border Protection (BCBP) handles U.S. border enforcement (including the land borders, airports, and seaports).
ARBITRATION
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.
DIRECT EXAMINATION
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain you... (more...)
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain your version of events to the judge or jury and to undercut your adversary's version. Good direct examination seeks to prove all facts necessary to satisfy the plaintiff's legal claims or causes of action -- for example, that the defendant breached a valid contract and, as a result, the plaintiff suffered a loss.
ESTATE
Generally, all the property you own when you die.
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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