Manchaca Land Use & Zoning Lawyer, Texas

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LEGAL TERMS

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.

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.

HEIR

One who receives property from someone who has died. While the traditional meaning includes only those who had a legal right to the deceased person's property, ... (more...)
One who receives property from someone who has died. While the traditional meaning includes only those who had a legal right to the deceased person's property, modern usage includes anyone who receives property from the estate of a deceased person.

PROPERTY

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

COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)

The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs... (more...)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. If property is subject to CC&Rs, buyers must be notified before the sale takes place.

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.

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).

APPRAISER

A person who is hired to determine the current value of real estate or other property.

HOMESTEAD

(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors... (more...)
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors as long as it is occupied as a home by the head of the household. After the head of the family dies, homestead laws often allow the surviving spouse or minor children to live on the property for as long as they choose. (3) Land acquired out of the public lands of the United States. The term 'homesteaders' refers to people who got their land by settling it and making it productive, rather than purchasing it outright.

SAMPLE LEGAL CASES

COLUMBUS MARKET v. Zoning Bd. of Galveston

Property owners appeal the district court's order affirming the decision of a municipal zoning board to uphold a decision by a city administrative agency to deny the property owners' application for a city permit to demolish property in a historical area of the city. The property owners ...

Barr v. City of Sinton

... In response, the city passed a zoning ordinance that not only precluded the use of the homes for that purpose but effectively banned the ministry from the city. ... When Barr began his ministry, the City imposed no zoning or other restrictions on his use of the homes. ...

City of Sherman v. Wayne

... In this regulatory takings case, we determine whether James Wayne's claims are ripe for adjudication and, if so, whether the evidence supports the trial court's judgment that application of the City of 39 Sherman's residential zoning ordinance to Wayne's property deprived him of ...

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