Ad
related to: amendment right to appeal process in real estate definition
Search results
Results From The WOW.Com Content Network
Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment. Regulatory takings jurisprudence has its roots in Justice Oliver Wendell Holmes' opinion in Pennsylvania Coal v.
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
Crawford v. Washington, 541 U.S. 36 (2004) The Supreme Court held that the admission of "testimonial" hearsay in a criminal trial violates the defendant's Sixth Amendment right to confront the witnesses against him unless the declarant is unavailable to testify at trial and the defendant had a prior opportunity to cross-examine the declarant.
The Siriannis refused to buy a home at 771 Allison Court after learning the property's deed provided a right of first refusal, (ROFR) to an earlier owner's children and a family trust.
Assessed value: The value of real estate property as determined by an assessor, typically from the county. "As-is": A contract or listing clause stating that the seller will not repair or correct ...
The Supreme Court unanimously agreed with Buchanan: "The effect of the ordinance under consideration was not merely to regulate a business or the like, but was to destroy the right of the individual to acquire, enjoy, and dispose of his property. Being of this character, it was void as being opposed to the due process clause of the constitution."
After an appeal is heard, the "mandate" is a formal notice of a decision by a court of appeal; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.
Cook v. Gates, 528 F.3d 42 (1st Cir. 2008): "Don't ask, Don't tell" policy upheld against due process and equal protection Fifth Amendment challenges and a free speech challenge under the First Amendment. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011): First Amendment right to photograph public officials in a public place.