News
[03/05]
McMillin Unveils 'Millenia' and Introduces New Vision of the Future
[03/05]
Webcast Alert: Man Sang Holdings Update
[03/05]
Navy Federal Guarantees $7 Billion for Mortgages in 2010
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Articles
Eminent Domain
Eminent domain is the inherent power of a sovereign government to condemn and take private property without the owner's permission and often over his or her strenuous objection. The US Constitution mandates that federal and state governments may only take property for public use and with just compensation. The government also must provide due process of law to the property owner during a condemnation.
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Can the Government Regulate How Much Rent I Can Charge for My Residential Housing Unit?
Some residential rental units, usually in multifamily buildings, are subject to rent-control laws that strictly regulate how much a landlord can charge, and the amount and frequency of rent increases. These laws also tend to impose restrictions and procedural safeguards on the eviction process, usually making it more difficult to evict tenants. Any property owner in a community with rent controls should seek the advice of a seasoned real estate lawyer to understand the impact of these laws on rental properties and leases. It is equally important to consult with a skilled real estate attorney if you are even considering purchasing residential rental property in a rent-controlled community to understand if and how the tightly regulated system will affect your investment.
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Case Summaries
[03/03]
Galbiso v. Orosi Pub. Util. Dist.
In plaintiff's action against a public utility district seeking a preliminary injunction to prevent the utility district from conducting a "tax sale" of plaintiff's parcels for the collection of sewer assessments and a petition for a writ of mandate to correct the utility district's alleged abuse of discretion, judgment sustaining defendant's demurrer is affirmed where: 1) the trial court correctly sustained a general demurrer to complaint for injunctive relief on all causes of action; 2) trial court correctly sustained the general demurrer to the writ of mandate petition; and 3) the trial court did not abuse its discretion in denying leave to amend.
[03/03]
Fed. Ins. Co. v. Commerce Ins. Co.
In plaintiff-insurance company's subrogation claim, district court's grant of summary judgment in favor of defendants in concluding that the implied coinsured doctrine controlled the outcome in this case and precluded the plaintiff from pursuing a subrogation claim is affirmed as plaintiff has not met its burden of proving that the "Responsibility for Damages" provision of a Residence and Care Agreement (RCA) overcomes the presumption that the landlord's insurance is held for the mutual benefit of both parties.
[03/01]
Jimenez v. Rodriguez-Pagan
In plaintiffs' action for the share of her deceased husband's interest in an apartment complex development, district court's dismissal is vacated and remanded as the narrow conditions for Colorado River abstention are met here, and thus, the parallel action in federal court is ordered to stay pending the outcome of the Commonwealth court case.
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