When the government is out to take your property, it's important to understand your rights. Find out how to challenge the proposed taking and ensure that you get the compensation you deserve.
Ground lease belgium presentation brenda torpyCecileCLT
This document summarizes Brenda M. Torpy's presentation on ground leases used by community land trusts. It discusses the challenges of using ground leases, including legal issues, difficulties in separating land ownership from homes, and cultural resistance to non-private land ownership models. The presentation outlines key components of ground leases, such as ownership structure, lease terms, fees, responsibilities of owners, and resale formulas. It also discusses best practices for ground lease documents and critical decisions around resale formulas.
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial LandlordFinancial Poise
The process of representing a commercial landlord in a lease transaction is multi-faceted. While generation of cash flow is the ultimate goal, there are other very important goals. These include minimizing risk, preserving the asset, enhancing the property and about a multitude of other issues.
This webinar provides powerful ammunition for both landlord reps and tenant reps to have in their arsenal. It focuses on the major concerns of real estate professionals in advising a landlord. When should the landlord insist on the language in the lease, and when should the landlord consider a concession or compromise? What is the role of the local real estate market in this analysis and why is it so important? After participating in this webinar, one will have a solid grasp of what commercial landlords need and why.
Part of the webinar series:
REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
This document discusses many of the key considerations and processes involved in oil and gas leasing of private land, including:
1) Landmen are typically the first point of contact for landowners and present standard lease agreements, though terms are negotiable. Leases grant the legal right to drill for oil and gas for a set term.
2) Both lessors and lessees have interests they want to protect in negotiations, such as distances for drilling and existing infrastructure for landowners or exploration and development rights for companies.
3) Valuation of oil and gas rights can be complex, as reserves may be unproven or in production, and factors like comparable lease amounts, production levels, and development
The document discusses methods of determining property value, including the market data approach using comparable sales, the cost approach involving replacement cost and depreciation, and the income approach using net operating income and capitalization rates. It provides details on key valuation concepts like highest and best use, supply and demand, and methods like paired sales analysis. Appraisers consider factors like demand, utility, scarcity, and transferability when assessing a property's value.
In California, real property can be owned by multiple individuals or entities. Ownership is reflected by "holding" title to the property. The way in which title to a property is held by two or more people can have a significant impact on ownership interests and rights. When property is owned by two or more people, it is common for the property be held either as Joint Tenants or Tenants in Common. There are several differences between these two forms of holding title that are important to understand, because they affect survivorship, division of assets, and reimbursements.
On Tuesday, August 13th 2019, real estate attorney Lorena Roel presented a webinar about holding title to property in California, specifically focused on Joint Tenants and Tenants in Common. Whether you a real estate professional, homeowner, investor, escrow officer, or potential buyer, this webinar highlights key elements of holding title and dissects important considerations when selecting how to hold title. In the first part of an anticipated series of webinars related to title, this presentation focuses only on Joint Tenants and Tenants in Common, including:
• General mechanics for holding title to property
• General estate planning considerations that affect an owner's rights
• Differences between joint tenancy and tenants in common
• Process for creating a joint tenancy through the four unities
• Default elements for joint tenants vs. tenants in common
• Changing how title is held from one form to another
• Title disputes and potential consequences under each form, and more!
This slide deck is for commercial real estate lenders, bank appraisal review analysts, credit analysts, underwriters and appraisers to better serve property owners and ease the real estate financing process for all parties.
The document discusses highest and best use analysis, which identifies the most profitable use of a property to determine its market value. It defines highest and best use and distinguishes between the highest and best use of land as vacant and of a property as improved. The highest and best use must meet four criteria - it must be physically possible, legally permissible, financially feasible, and result in the maximum value. These criteria are applied sequentially to potential uses to identify the single best use. The analysis considers both the land as though vacant and the existing improvements to determine their respective contributions to the overall property value.
There is a perceived lack of affordable housing in the UAE. This document discusses potential options for delivering affordable housing, focusing on ways to reduce costs and risks for developers rather than demand-side initiatives. It outlines various product options and models used in other countries, including different types of affordable tenures like social rent, affordable rent, and shared ownership. It also analyzes ways to reduce the cost of land and construction risks for developers through mechanisms like long leaseholds, structured land payments, joint ventures, and government or corporate backed projects that take on more risk.
Ground lease belgium presentation brenda torpyCecileCLT
This document summarizes Brenda M. Torpy's presentation on ground leases used by community land trusts. It discusses the challenges of using ground leases, including legal issues, difficulties in separating land ownership from homes, and cultural resistance to non-private land ownership models. The presentation outlines key components of ground leases, such as ownership structure, lease terms, fees, responsibilities of owners, and resale formulas. It also discusses best practices for ground lease documents and critical decisions around resale formulas.
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial LandlordFinancial Poise
The process of representing a commercial landlord in a lease transaction is multi-faceted. While generation of cash flow is the ultimate goal, there are other very important goals. These include minimizing risk, preserving the asset, enhancing the property and about a multitude of other issues.
This webinar provides powerful ammunition for both landlord reps and tenant reps to have in their arsenal. It focuses on the major concerns of real estate professionals in advising a landlord. When should the landlord insist on the language in the lease, and when should the landlord consider a concession or compromise? What is the role of the local real estate market in this analysis and why is it so important? After participating in this webinar, one will have a solid grasp of what commercial landlords need and why.
Part of the webinar series:
REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
This document discusses many of the key considerations and processes involved in oil and gas leasing of private land, including:
1) Landmen are typically the first point of contact for landowners and present standard lease agreements, though terms are negotiable. Leases grant the legal right to drill for oil and gas for a set term.
2) Both lessors and lessees have interests they want to protect in negotiations, such as distances for drilling and existing infrastructure for landowners or exploration and development rights for companies.
3) Valuation of oil and gas rights can be complex, as reserves may be unproven or in production, and factors like comparable lease amounts, production levels, and development
The document discusses methods of determining property value, including the market data approach using comparable sales, the cost approach involving replacement cost and depreciation, and the income approach using net operating income and capitalization rates. It provides details on key valuation concepts like highest and best use, supply and demand, and methods like paired sales analysis. Appraisers consider factors like demand, utility, scarcity, and transferability when assessing a property's value.
In California, real property can be owned by multiple individuals or entities. Ownership is reflected by "holding" title to the property. The way in which title to a property is held by two or more people can have a significant impact on ownership interests and rights. When property is owned by two or more people, it is common for the property be held either as Joint Tenants or Tenants in Common. There are several differences between these two forms of holding title that are important to understand, because they affect survivorship, division of assets, and reimbursements.
On Tuesday, August 13th 2019, real estate attorney Lorena Roel presented a webinar about holding title to property in California, specifically focused on Joint Tenants and Tenants in Common. Whether you a real estate professional, homeowner, investor, escrow officer, or potential buyer, this webinar highlights key elements of holding title and dissects important considerations when selecting how to hold title. In the first part of an anticipated series of webinars related to title, this presentation focuses only on Joint Tenants and Tenants in Common, including:
• General mechanics for holding title to property
• General estate planning considerations that affect an owner's rights
• Differences between joint tenancy and tenants in common
• Process for creating a joint tenancy through the four unities
• Default elements for joint tenants vs. tenants in common
• Changing how title is held from one form to another
• Title disputes and potential consequences under each form, and more!
This slide deck is for commercial real estate lenders, bank appraisal review analysts, credit analysts, underwriters and appraisers to better serve property owners and ease the real estate financing process for all parties.
The document discusses highest and best use analysis, which identifies the most profitable use of a property to determine its market value. It defines highest and best use and distinguishes between the highest and best use of land as vacant and of a property as improved. The highest and best use must meet four criteria - it must be physically possible, legally permissible, financially feasible, and result in the maximum value. These criteria are applied sequentially to potential uses to identify the single best use. The analysis considers both the land as though vacant and the existing improvements to determine their respective contributions to the overall property value.
There is a perceived lack of affordable housing in the UAE. This document discusses potential options for delivering affordable housing, focusing on ways to reduce costs and risks for developers rather than demand-side initiatives. It outlines various product options and models used in other countries, including different types of affordable tenures like social rent, affordable rent, and shared ownership. It also analyzes ways to reduce the cost of land and construction risks for developers through mechanisms like long leaseholds, structured land payments, joint ventures, and government or corporate backed projects that take on more risk.
The document discusses valuation of properties for various purposes such as wealth tax and municipal taxation. It defines key terms used in property valuation like cost, value, price, assessed value, replacement value, and others. Valuation is based on factors like a property's utility, scarcity, marketability, location, supply and demand conditions. The principles of valuation include a property being valued based on what a willing buyer and seller would exchange it for. A valuer also considers present and future use, and supports their valuation with statistical data.
Tip Capital Gains 1031Coldwell Banker Marvin ArrietaMarvin Arrieta
The document provides information and guidelines regarding completing a 1031 exchange to defer capital gains taxes when selling investment real estate. Key points include:
- To qualify for a 1031 exchange, the replacement property must be of like-kind to the relinquished property and both must be held for investment or business purposes.
- Proceeds from the sale must be transferred through a qualified intermediary rather than to the seller to qualify.
- The replacement property must be identified within 45 days and purchased within 180 days of the initial property sale.
- If the replacement property is of lesser value than the relinquished property, the difference is subject to capital gains taxes.
This document provides information about Keller Williams Realty and real estate agent Deidre Avery. It summarizes Keller Williams' founding, culture of success through teamwork and customers first, and being the 3rd largest real estate company in North America. It also outlines Deidre Avery's marketing strategies and services for listing and selling homes, including guidance on pricing, inspections, and the home selling process from listing to close.
This document provides information about Keller Williams Realty and real estate agent Deidre Avery. It summarizes Keller Williams' founding, culture of success through teamwork and customers first, and being the 3rd largest real estate company in North America. It also outlines Deidre Avery's marketing strategies and services for listing and selling homes, including guidance on pricing, inspections, and the home selling process.
There are many career opportunities in real estate, including residential and commercial brokerage, property management, appraising, financing, development, and investment. Residential brokers specialize in helping individual home buyers and sellers, while commercial brokers work with income-producing properties. Property managers oversee the daily operations of rental properties. Appraisers evaluate property values. Careers in financing include assisting with loans, while developers build new residential and commercial properties. Some individuals pursue real estate as full-time investors, buying and improving rental properties.
The document defines various real estate terms related to property ownership, financing, and transactions in Malaysia. It includes definitions for terms like apartment, auction, base lending rate, bungalow, capital appreciation, certificate of fitness, collateral, commercial property, condominium, conveyancing, deed, debt servicing ratio, and more. The document provides concise explanations and examples for each term.
Equity sharing allows a homebuyer to purchase a home with a small down payment by partnering with an investor who provides the larger down payment portion. Both parties then share ownership and any future appreciation in value. It benefits both the homebuyer by allowing home purchase with limited funds, and the investor through tax benefits and shared appreciation. The arrangement is structured through a legal equity sharing contract typically lasting 3-10 years, after which the home may be sold and profits split or one party can buy out the other.
Replacement cost of building: Rs50
Less: Depreciation @ 2% per year for 10 years: Rs10
Depreciated value of building: Rs50 - Rs10 = Rs40
Value of land: Rs10
Depreciated value of building: Rs40
Total value by cost approach: Rs10 + Rs40 = Rs50
So the estimated market value of the property using the cost approach is Rs50.
This document provides information about eminent domain and property owner rights. It summarizes compensation owners are entitled to, including fair market value, severance damages, relocation benefits, and business losses. It advises property owners to obtain their own legal and appraisal experts to negotiate with condemnation agencies and understand their full compensation rights.
Nj future redevelopment forum 2014 eminent domain valloneNew Jersey Future
This document discusses 12 strategies for real estate developers to acquire land for redevelopment projects without using eminent domain. It describes strategies such as joint ventures with landowners, various types of seller financing through purchase money notes, options to purchase land in phases or entirely, and sale contracts with extended timelines or formula-based pricing. The goal is to structure deals that balance the risks and rewards for both the developer and landowner.
The document summarizes two recent tax court cases related to income recognition for residential real estate developers. The first case, Shea Homes, allowed developers to defer income recognition for an entire development project until all common infrastructure was complete, not just individual homes. This provides an attractive tax deferral opportunity. However, the ruling was based on specific contract terms and may not apply broadly. The second case, Pool, provided guidelines for determining if real estate sales produce capital gains or ordinary income. It emphasized the need for developers to document acquisition intent and avoid frequent/substantial sales to argue for capital gains treatment.
The document discusses property management, including the history and growth of the profession, certification requirements, types of property managers and properties managed, and key responsibilities like leasing, maintenance, and record keeping. It also covers types of leases, requirements for a valid lease, and considerations for residential leasing like rental applications and tenant screening.
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantFinancial Poise
A commercial tenant views a lease negotiation quite differently than does the landlord. As most leases tend to be drafted by the landlord, a tenant must begin an uphill battle to gain as many concessions as possible. This is an arduous task made easier by a full understanding of what are the most important issues for a tenant in a commercial lease transaction.
How does the financial profile of the tenant enter into the picture? Where can a tenant get hurt the most by hidden costs or unforeseen expenses? Why is “leverage” the most important concept to consider in this process? This webinar will help one understand how the tenant, generally the underdog in lease transactions, can turn the tables and become the most powerful player in the leasing game.
Part of the webinar series: REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
This document provides an overview of cost segregation, which is a tax strategy for commercial property owners to shorten depreciation periods for certain building components. It discusses the history and legal basis of cost segregation, how it results in increased tax savings and cash flow compared to traditional depreciation over 39 years. The document also outlines the cost segregation process, common asset classes and lives, benefits like catch-up depreciation, and answers frequently asked questions.
You don't buy investment properties for your health. The whole idea is to turn a healthy profit month-over-month and set yourself up for retirement. VerticalRent's Small American Landlord Series is proud to announce it's recent edition, 8 Factors Affecting Rent Prices. This comprehensive guide gives you insider perspective of how to maximize the rent you collect for your investment property.
Basics Of Divorce Appeals In Ohio: What To Know When The Judge Gets It Wrong.pdfThe Law Buzz
Judges don't always get it right in divorce cases. A divorce appeal may offer a way to turn your case around. Here's what to know about divorce appeals – the process, the challenges, common grounds for appeal and what to look for in an appellate lawyer.
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The document discusses valuation of properties for various purposes such as wealth tax and municipal taxation. It defines key terms used in property valuation like cost, value, price, assessed value, replacement value, and others. Valuation is based on factors like a property's utility, scarcity, marketability, location, supply and demand conditions. The principles of valuation include a property being valued based on what a willing buyer and seller would exchange it for. A valuer also considers present and future use, and supports their valuation with statistical data.
Tip Capital Gains 1031Coldwell Banker Marvin ArrietaMarvin Arrieta
The document provides information and guidelines regarding completing a 1031 exchange to defer capital gains taxes when selling investment real estate. Key points include:
- To qualify for a 1031 exchange, the replacement property must be of like-kind to the relinquished property and both must be held for investment or business purposes.
- Proceeds from the sale must be transferred through a qualified intermediary rather than to the seller to qualify.
- The replacement property must be identified within 45 days and purchased within 180 days of the initial property sale.
- If the replacement property is of lesser value than the relinquished property, the difference is subject to capital gains taxes.
This document provides information about Keller Williams Realty and real estate agent Deidre Avery. It summarizes Keller Williams' founding, culture of success through teamwork and customers first, and being the 3rd largest real estate company in North America. It also outlines Deidre Avery's marketing strategies and services for listing and selling homes, including guidance on pricing, inspections, and the home selling process from listing to close.
This document provides information about Keller Williams Realty and real estate agent Deidre Avery. It summarizes Keller Williams' founding, culture of success through teamwork and customers first, and being the 3rd largest real estate company in North America. It also outlines Deidre Avery's marketing strategies and services for listing and selling homes, including guidance on pricing, inspections, and the home selling process.
There are many career opportunities in real estate, including residential and commercial brokerage, property management, appraising, financing, development, and investment. Residential brokers specialize in helping individual home buyers and sellers, while commercial brokers work with income-producing properties. Property managers oversee the daily operations of rental properties. Appraisers evaluate property values. Careers in financing include assisting with loans, while developers build new residential and commercial properties. Some individuals pursue real estate as full-time investors, buying and improving rental properties.
The document defines various real estate terms related to property ownership, financing, and transactions in Malaysia. It includes definitions for terms like apartment, auction, base lending rate, bungalow, capital appreciation, certificate of fitness, collateral, commercial property, condominium, conveyancing, deed, debt servicing ratio, and more. The document provides concise explanations and examples for each term.
Equity sharing allows a homebuyer to purchase a home with a small down payment by partnering with an investor who provides the larger down payment portion. Both parties then share ownership and any future appreciation in value. It benefits both the homebuyer by allowing home purchase with limited funds, and the investor through tax benefits and shared appreciation. The arrangement is structured through a legal equity sharing contract typically lasting 3-10 years, after which the home may be sold and profits split or one party can buy out the other.
Replacement cost of building: Rs50
Less: Depreciation @ 2% per year for 10 years: Rs10
Depreciated value of building: Rs50 - Rs10 = Rs40
Value of land: Rs10
Depreciated value of building: Rs40
Total value by cost approach: Rs10 + Rs40 = Rs50
So the estimated market value of the property using the cost approach is Rs50.
This document provides information about eminent domain and property owner rights. It summarizes compensation owners are entitled to, including fair market value, severance damages, relocation benefits, and business losses. It advises property owners to obtain their own legal and appraisal experts to negotiate with condemnation agencies and understand their full compensation rights.
Nj future redevelopment forum 2014 eminent domain valloneNew Jersey Future
This document discusses 12 strategies for real estate developers to acquire land for redevelopment projects without using eminent domain. It describes strategies such as joint ventures with landowners, various types of seller financing through purchase money notes, options to purchase land in phases or entirely, and sale contracts with extended timelines or formula-based pricing. The goal is to structure deals that balance the risks and rewards for both the developer and landowner.
The document summarizes two recent tax court cases related to income recognition for residential real estate developers. The first case, Shea Homes, allowed developers to defer income recognition for an entire development project until all common infrastructure was complete, not just individual homes. This provides an attractive tax deferral opportunity. However, the ruling was based on specific contract terms and may not apply broadly. The second case, Pool, provided guidelines for determining if real estate sales produce capital gains or ordinary income. It emphasized the need for developers to document acquisition intent and avoid frequent/substantial sales to argue for capital gains treatment.
The document discusses property management, including the history and growth of the profession, certification requirements, types of property managers and properties managed, and key responsibilities like leasing, maintenance, and record keeping. It also covers types of leases, requirements for a valid lease, and considerations for residential leasing like rental applications and tenant screening.
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantFinancial Poise
A commercial tenant views a lease negotiation quite differently than does the landlord. As most leases tend to be drafted by the landlord, a tenant must begin an uphill battle to gain as many concessions as possible. This is an arduous task made easier by a full understanding of what are the most important issues for a tenant in a commercial lease transaction.
How does the financial profile of the tenant enter into the picture? Where can a tenant get hurt the most by hidden costs or unforeseen expenses? Why is “leverage” the most important concept to consider in this process? This webinar will help one understand how the tenant, generally the underdog in lease transactions, can turn the tables and become the most powerful player in the leasing game.
Part of the webinar series: REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
This document provides an overview of cost segregation, which is a tax strategy for commercial property owners to shorten depreciation periods for certain building components. It discusses the history and legal basis of cost segregation, how it results in increased tax savings and cash flow compared to traditional depreciation over 39 years. The document also outlines the cost segregation process, common asset classes and lives, benefits like catch-up depreciation, and answers frequently asked questions.
You don't buy investment properties for your health. The whole idea is to turn a healthy profit month-over-month and set yourself up for retirement. VerticalRent's Small American Landlord Series is proud to announce it's recent edition, 8 Factors Affecting Rent Prices. This comprehensive guide gives you insider perspective of how to maximize the rent you collect for your investment property.
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2. WHAT IS EMINENT DOMAIN?
Eminent domain is the government’s power to
take private property when:
The land is taken for public use.
The government provides just
compensation to the property owner.
3. JUST COMPENSATION
Property owners have the right to challenge the
taking, including the government’s initial offer of
compensation.
Property owners are often entitled to far more
money that what the government
initially offers.
4. HIGHEST AND BEST USE
Property owners must get compensation for the
highest and best use of the property, even if the
property is currently used differently.
A proposed highest and best use must be:
Physically
Possible
Legally
Permissible
Financially
Feasible
Maximally
Productive
5. APPRAISAL METHODOLOGIES
In calculating highest and best use, appraisers
generally use three methodologies:
Comparable sales approach, which factors in recent
sales of a similar properties
Income approach, which focuses on the potential
income-generating value of the property (more
applicable to income-producing properties)
Cost approach, which centers on the cost to rebuild
or replace improvements to the property
6. TOTAL VS. PARTIAL TAKING
When the government takes a part of the property,
owners are entitled to compensation for the impact
of that taking on rest of their property.
Calculating compensation in partial takings requires
establishing the fair market value for:
• The highest and best use of the entire property
• The remaining property
Property owners are entitled to the difference
between those values.
8. WHAT IT TAKES TO SUCCEED
Fighting the government for just compensation can
be a daunting challenge. Property owners can
maximize their chances of success by:
• Enlisting an attorney who has extensive
experience in this niche area of law
• Working with expert appraisers who have
experience handling eminent domain appraisals
• Preparing the case for trial, even if it doesn’t end
up going before a jury