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Archive for the ‘Real Estate Law’ Category

Hiring an Eminent Domain Attorney

Wednesday, March 9th, 2011

If you never had the need to look for an eminent domain law firm before, finding one can seem like a daunting task. There are several key attributes that capable eminent domain law firms in California should possess. Knowing these can help you narrow down the list of firms that may come up during your search. Consider these top 3 criteria when determining which eminent domain attorney to hire:

1. Experience

Consider the following questions when calculating the level of experience an attorney has:

1. How many eminent domain cases have they handled?
2. How many eminent domain cases have they taken to trial?
3. How many eminent domain cases have they handled on the appellate and State Supreme Court level?
4. What types of properties have they handled?
5. What types of issues have they dealt with?
6. Which states have they taken cases?

Question your potential attorney, and have them review your appraisal and conduct a case evaluation. An experienced eminent domain attorney will accurately assess and explain your damages and, in most cases, estimate the amount owed to you.

You should know that only a small percentage of eminent domain cases go to trial, and when an attorney takes your case, they won’t know whether or not it will proceed to trial. However, a good eminent domain attorney will plan their strategy around going to trial and will therefore be prepared in the event that this occurs. If your case goes to trial, does your attorney have the experience necessary to persuade a judge and jury? Are they planning appropriately and are they willing to go to trial?

2. Are They Looking Out for my Best Interest?

Hiring an attorney who works both sides can result in a conflict of interest scenario; the attorney has worked for the government in the past and/or is friendly with the condemning authority’s attorney. There are many good attorneys who represent both the condemning authority and the property owner, so be aware of this situation and decide whether or not you are comfortable with it before hiring an attorney.

Keep in mind that hiring a local attorney who has only handled a few eminent domain cases can result in a similar situation. This attorney might have ties to the local government, which could put undue pressure on this attorney to settle the case.

3 – Set Expectations

In addition to understanding the issues surrounding your case, you should know how much money you are entitled to receive. A knowledgeable eminent domain attorney will discuss their strategy with you; tell you how much money they are pursuing and what the estimated final award of damages will be. If you expect your attorney to take your case to trial, then make sure you hire a trial lawyer.

Lastly, whether or not you hire an attorney to challenge the government’s right to take, to pursue an inverse condemnation claim, or to pursue additional damages, you should know that in some states, attorneys fees and costs could be paid for by the government. Read more about eminent domain and the eminent domain laws in your state.

The attorneys at Oliver, Sandifer, & Murphy are highly accomplished trial lawyers and determined negotiators whose practice is exclusively focused on all aspects of eminent domain, California easement, and condemnation proceedings. They are recognized as the premier California eminent domain firm, and are credited with having the knowledge, experience, resources, and determination to vigorously represent our clients in all eminent domain and condemnation matters. Their single goal is to achieve the greatest results and success for clients, and to do so efficiently and effectively. Oliver, Sandifer, & Murphy are California eminent domain lawyers and condemnation attorneys serving clients statewide from offices in Los Angeles and the San Francisco Bay area. You may contact them by calling.

Property Management Laws

Monday, December 28th, 2009

Property management law includes the rules regarding the different forms of ownership. There are mainly two forms of ownership that is freehold estate ownership and concurrent estate ownership. Freehold ownership is further sub divided into various categories, among them the largest estate that is permitted by law is the fee simple absolute. The holder of these estates has full possessory rights. The other estate ownership is the concurrent estate; this is also further divided into tenancy in common, joint tenancy and tenancy by the entirely. The law specifies the survivorship right of each of these estates.

The law also consists of the terms and conditions related to the leasehold property. To understand the law related to leaseholds you first need to take into consideration the two main things the type of tenancies and rent regulations. There are different types of tenancies like periodic tenancy, tenancy at will, tenancy for years, holdover tenant and statute of frauds. The law varies for different types of tenancies. Property management law also includes rent regulations but they differ according to the states and cities.

Acquiring title is the important part of the property management law. Real estate mainly includes purchase and sale of the property with the help of real estate agencies. Therefore they mainly enter into the contract; the rules regarding the contract are also included in the law. The contract must be signed and be in written, is compulsory under the law. An agreement is signed between you and the agency. There are different types of agreements such as non-exclusive agreement, exclusive agency agreement, exclusive right to sell, multiple listing and net listing. The rules regarding all these agreements are governed under the property management law.

The contract is very important and the first step if the property is sold. Therefore the contract consists of the rights and liabilities of the seller and purchaser both. Therefore the law mainly includes the procedure, formalities and transfers that are to be followed. The law for these contracts varies according to the state and cities. These are some of the things that you should know to understand the property management law.