Taylor Eminent Domain Lawyer, Louisiana

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LEGAL TERMS

CLEANING FEE

A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave ... (more...)
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

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.

FORFEITURE

The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the lan... (more...)
The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the landlord knows it is a drug-dealing site but fails to stop the illegal activity. Or, you may have to forfeit your driver's license if you commit too many moving violations or are convicted of driving under the influence of alcohol or drugs.

LIABILITY INSURANCE COVERAGE

Compensation to third parties who are injured or whose property is damaged due to the fault of the insurance holder. You may have liability insurance for your c... (more...)
Compensation to third parties who are injured or whose property is damaged due to the fault of the insurance holder. You may have liability insurance for your car or your home, or to cover actions you take in the course of your profession. Liability polices are sometimes called 'third-party policies.'

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.

INCIDENTS OF OWNERSHIP

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.

SEVERANCE PAY

Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severanc... (more...)
Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severance pay, although the employer may be legally obligated to do so if it was promised in a contract or employees' handbook.

LIMITED EQUITY HOUSING

An arrangement designed to encourage low-and moderate-income families to purchase housing, in which the housing is offered at an extremely favorable price with ... (more...)
An arrangement designed to encourage low-and moderate-income families to purchase housing, in which the housing is offered at an extremely favorable price with a low down payment. The catch is that when the owner sells, she gets none of the profit if the market value of the unit has gone up. Any profit returns to the organization that built the home, which then resells the unit at an affordable price.

SAMPLE LEGAL CASES

New Orleans Redevelopment Auth. v. Johnson

... There is, of course, a role for courts to play in reviewing a legislature's judgment of what constitutes a public use, even when the eminent domain power is equated with the police power. But the Court in Berman made clear that it is "an extremely narrow" one. (emphasis added). ...

PIPELINE TECHNOLOGY VI, LLC v. RISTROPH

... The federal court in Mongrue stated that for a private entity to qualify under Louisiana law as an agent of the government for the purposes of establishing liability for an unconstitutional taking, the entity must have been expressly delegated the power of eminent domain. ...

SPANISH LAKE WILDLIFE REFUGE & BOTANICAL GARDENS, INC. v. PARISH OF ASCENSION

... ABST pled under the theory of inverse condemnation, which provides a procedural remedy to a property owner seeking compensation for land already taken or damaged against a governmental or private entity having the powers of eminent domain where no expropriation ...

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