Palisade Land Use & Zoning Lawyer, Colorado
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Curtis R. Smelser
Commercial Real Estate, Land Use & Zoning, Real Estate, Environmental Law Other
Status: Suspended Licensed: 37 Years
1490 SE Stonebridge Dr, Cedaredge, CO 81413
Profile LAWPOINTS™17/100
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Edward Paul Sands
Real Estate, Municipal, Business Organization, Land Use & Zoning
Status: In Good Standing Licensed: 47 Years
FREE CONSULTATION 
CONTACT 450 West Ave, Rifle, CO 81650
Profile LAWPOINTS™65/100
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LEGAL TERMS
DOMINANT TENEMENT
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property ... (more...)
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.
NET LEASE
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.
RENT CONTROL
Laws that limit the amount of rent landlords may charge, and that state when and by how much the rent can be raised. Most rent control laws also require a landl... (more...)
Laws that limit the amount of rent landlords may charge, and that state when and by how much the rent can be raised. Most rent control laws also require a landlord to provide a good reason, such as repeatedly late rent, for evicting a tenant. Rent control exists in some cities and counties in California, Maryland, New Jersey, New York and Washington, D.C.
SETBACK
The distance between a property boundary and a building. A minimum setback is usually required by law.
APPRAISER
A person who is hired to determine the current value of real estate or other property.
REFORMATION
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usual... (more...)
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.
JUROR
A person who serves on a jury. Lists of potential jurors are obtained from sources such as voter registration rolls and department of motor vehicles' lists. In ... (more...)
A person who serves on a jury. Lists of potential jurors are obtained from sources such as voter registration rolls and department of motor vehicles' lists. In most states, employers are prohibited from discriminating against employees who are called for jury duty--that is, they cannot demote or fire an employee for serving. And a few states require that the employer continue to pay the absent employee. Individuals who are selected to serve on a jury receive from the court a very small fee for their time and sometimes the cost of traveling from home to court.
SUBLEASE
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.
INTANGIBLE PROPERTY
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items... (more...)
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.
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. ...
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